In New Filing, DOJ Argues for Control of ‘Orderly’ ‘DADT’ Repeal

The Department of Justice last night filed a 10-page supplement attempting to enhance and explain parts of its recent arguments to the 9th Circuit Court of Appeals in the Log Cabin Republicans v. United States 'DADT' lawsuit.

Dadtdiscriminates Writes Chris Geidner at MetroWeekly:

The government this evening continued its attempt to keep the end of the "Don't Ask, Don't Tell" policy in the hands of the executive branch, asking a federal appeals court to keep the policy in place for now and hold off on hearing the appeal of the Log Cabin Republicans v. United States lawsuit — which is scheduled for Sept. 1 — in order to allow the "orderly process for repealing" the DADT law to continue under the Don't Ask, Don't Tell Repeal Act.

DOJ is asking the court to reconsider reinstating its November 2010 stay, which it had lifted in a July 6 order stating that circumstances had changed significantly since the court had issued the stay. While it considers the July 14 request, the appellate court partially reinstated the stay in a July 15 order that prohibits "investigating, penalizing, or discharging" servicemembers under DADT.


DOJ concluded by asking that the court "reconsider its decision to lift the stay pending appeal, reinstate that stay, remove the case from the oral argument calendar, and permit the orderly process for repealing § 654 to resume."

The Pentagon just needs to certify the darn thing already.


  1. gaylib says

    Well, we know they don’t plan to certify before Sep. 1 then. So much for the end of July, or even the end of summer for that matter. This administration has done nothing but lie and kick the can down the road. Does anybody really think a coward like Obama is going to stick out his neck on this issue during an election year?

  2. Abel says

    I think the Military Establishment doesn’t want the Courts declaring DADT unconstitutional because then the next administration (likely to be Republican) would have more trouble re-instating it. I’m deeply suspicious.

    @GayLib, you are right, Obama IS a coward. I think he is setting any convictions aside in a desperate attempt to be re-elected. I don’t think he’s going to be. But it’s too early to tell, really.

  3. Kevin says

    The DOJ keeps saying certification is just around the corner, should happen mid summer, in the next couple of weeks, late-July/early August…when the hell is it actually going to happen? I am an Obama supporter and will vote for him next year but he botched this whole thing. This should have been done months ago.

  4. says

    Gaylib: Obama has already stuck his neck out on the issue and passed it through Congress! And Abel, after all the training that’s already in progress do you really think the military wants to backpedal now? How pessimistic can you guys be?

  5. says

    Obama’s reelection will not in any way hinge on DADT. If anything, not getting the repeal certified and completed will hurt him. So the idea that he’s purposely stalling because of reelection politics or because he’s a bigot and really wants to maintain DADT makes no logical sense. His only interest now is getting it done with the military fully on board. When that happens (and it will be before the 2012 election), there will be virtually no chance that a Republican (god forbid) administration could undo what the military supports.

  6. says

    @ KEVINNT: 1. Obama did NOT “pass” repeal. Contrary to the propaganda, he barely did anything at all. Barney Frank accused him in the Spring of last year of signaling to Congress that he didn’t actual want a vote on repeal last year. And as late as one week before the final vote, Senate Armed Services Committee Chair Carl Levin said that Obama wasn’t doing enough to help them pass it. [Both stories appeared on Towleroad but, for some, the Kool-Aid has a way of washing away memories.]

    NOR did he “stick his neck out” on repeal. More than 70% of the public supported it, and none of those who oppose it would EVER vote for him anyway. What he did was stick his head up the military’s ass, because, 2. They DID demand that the only thing that would prevent a future POTUS/Pentagon/Congress from reinstating the ban—the nondiscrimination clause in the original repeal bill gutted in May of 2010. No less than Nancy Pelosi told reporters at the time that “the House weakened its repeal language to mollify the White House. Military leaders refused to accept language that would bar discrimination, so the clause was dropped.” – The Huffington Post, June 3, 2010.

    While I doubt that much support for bringing back some kind of ban could be garnered in the future after a period of open service in which the sky has demonstrably NOT fallen, LEGALLY nothing now stands in, say, a President Pawlenty’s way but upholding of the LCR case ruling that it’s unconstitutional—which, no matter how they try to spin it, Obama, Inc., is fighting AGAIN to KILL.

    In the interim, THIS military, with his backing, ARE exploiting their legal freedom to discriminate even after repeal by 1. denying gay military couples benefits that even the Pentagon ADMITS are NOT banned by DOMA such as access to military housing, and 2., refusing to include gays under the protections of the Military Equal Opportunity Program that nongay service members get because of race, gender, ethnicity, religion or polticial affiliation. They OFFICIALLY won’t even be trackiing instances of harassment or discrimination in assignment or promotions. Thus, even AFTER implementation, a soldier who clames to be a Wiccan, or witch, will have more legal protections than gay and lesbian troops.

    IF he genuinely wanted UNEQUIVOCAL equality for gay service members, both now and in the future, he would simply NOT have appealed this ruling in the first place last October. Thus, DADT would have been killed outright, and the weakened “compromise” repeal bill rendered irrelevant. Some Bots are claiming that Repugs in Congress could appeal the LCR ruling on their own. Technically that’s true, but decades of cases in which the courts sided with whatever various administrations told them about the ban, just as they did last October, and partially now, prove that they would turn them away if Obama said—as, remember, he HAS re DOMA—I’ve changed my mind, and ask the court to uphold a “heightened scrutiny” approach to this issue, and let the ruling stand that DADT is unconstitutional.

  7. Randy says

    This has gone on long enough. Even if repeal is certified, there’s still another 2-month wait for no good reason, and the House will find some way to block it, perhaps by attaching something to a bill that the Senate and Obama need.

    The government has violated the constitution for nearly 20 years via DADT, and a lot longer before that. The repeal could have been done in a day, as there is literally nothing that needs to be done. They’ve had nearly a year. The court should reject the appeals and stays and let the ruling stand that DADT is gone.

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