From the New York Times:
President Obama, the House and a majority of senators clearly support an end to “don’t ask, don’t tell,” but that, of course, is insufficient in the upside-down world of today’s Senate, where 40 members can block anything.
The two parties clashed on the number of amendments that Republicans could offer. Republicans wanted to add dozens of amendments, an obvious delaying tactic, while Democrats tried to block all but their own amendments. In an earlier time, the two sides might have reached an agreement on a limited number of amendments, but not in this Senate, and certainly not right before this election, when everyone’s blood is up even more than usual.
If the military’s unjust policy is not repealed in the lame-duck session, there is another way out. The Obama administration can choose not to appeal Judge Phillips’s ruling that the policy is unconstitutional, and simply stop ejecting soldiers.
But that would simply enable lawmakers who want to shirk their responsibility. History will hold to account every member of Congress who refused to end this blatant injustice.
The Department of Justice is obligated to respond to the request for injunction tomorrow.