Obama to courts: Restore military gay ban now

Quantum Windbag · Jul 14, 2011

Gotta love a guy who is willing to defend gay rights.

The Obama Administration, direclty challenging the authority of the courts to decide the time to end the militarys dont ask/dont tell policy against gays and lesbians in the services, urged the Ninth Circuit Court on Thursday to put that 18-yer-old ban back into effect and to do so within 24 hours. In the meantime, it asked for a temporary order to restore the ban immediately. The maneuver also appeared to set the stage to go on to the Supreme Court, if the Circuit Court were to balk.
In what government lawyers called an emergency motion, the Administration refused to accept a Circuit Court panels view of what is at stake before that court now, and refused to answer directly a question by that court about whether the government thinks the existing ban is unconstitutional. Framing the questions at stake in its own way, the government in effect accused the Circuit panel of a series of serious legal misunderstandings. The government seldom speaks, in its court filings, with such bluntness.
After having its way in the Ninth Circuit on the issue of ongoing enforcement of the ban, the Administration suddenly was confronted with a direct order by that court to stop enforcing the measure putting an end to any discharges of gays and lesbians, and any investigation of their sexual conduct. Its new legal filings reflected a deep frustration with that development. And the strength of its objections made it seem that it would not leave matters wholly in the hands of the Ninth Circuit as the final tribunal.
The package filed Thursday afternoon with the Circuit Court in San Francisco included three items: a 26-page plea for reconsideration of the Circuit Courts order on July 6 lifting the ban while the Circuit Court reviews it, a declaration under oath by a top Pentagon general arguing why the military not the courts should arrange for the bans actual end, and a letter brief in response to constitutional and legal process questions the Circuit Court had raised on Monday.
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U.S.: Restore military gay ban now : SCOTUSblog

Patrick2 · Jul 14, 2011

The standard leftwing strategy - what you can't win in the legislature look for in the courts.

shintao · Jul 14, 2011

Patrick2 said: ↑

The standard leftwing strategy - what you can't win in the legislature look for in the courts.
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Are you saying the republicans are left wing now?

Quantum Windbag · Jul 14, 2011

Plasmaball said: ↑

The fast-moving legal developments are occurring over a law that Congress has voted to repeal. The repeal, however, has not yet taken effect, and will not under Congresss orders until the President, Defense Secretary Leon Panetta and the nations top military officer have formally declared that the military can handle repeal. Even after those high-level declarations are made, the military will get another 60 days to actually end the ban.
In the sworn declaration filed Thursday, by Marine Major Gen. Steven A. Hummer (who is in charge of implementing the bans repeal within the militiary), he said that the militarys leaders will lay before the President, the Defense Secretary and the chairman of the Joint Chiefs of Staff by the end of July or early in August the materials they will need to decide whether to certify that the repeal of the ban will not harm the militarys readiness.
On that timetable, it would appear that the top officials formal certificates would not be signed until sometime in September at the earliest, starting the 60-day final implementation period to running. Thus, it could be at least November before repeal actually took place. The Circuit Court has scheduled a hearing on the constitutionality of the ban in the week of August 29.
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you left out this part in your hack thread....Repealing it to have the military do it really isnt a big ta do about.

beyond that let me know when you have something besides a blog.
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I cannot quote the entire story when I post, so I will always leave something out. Why does everyone whine when the stuff they quote is in the links I provide?

That said, I have something more than a blog, I provided links to the actual court filings. Let me know when you have something other than a blog.

Conservative · Jul 14, 2011

Plasmaball said: ↑

The fast-moving legal developments are occurring over a law that Congress has voted to repeal. The repeal, however, has not yet taken effect, and will not — under Congress’s orders — until the President, Defense Secretary Leon Panetta and the nation’s top military officer have formally declared that the military can handle repeal. Even after those high-level declarations are made, the military will get another 60 days to actually end the ban.
In the sworn declaration filed Thursday, by Marine Major Gen. Steven A. Hummer (who is in charge of implementing the ban’s repeal within the militiary), he said that the military’s leaders will lay before the President, the Defense Secretary and the chairman of the Joint Chiefs of Staff “by the end of July or early in August” the materials they will need to decide whether to certify that the repeal of the ban will not harm the military’s readiness.
On that timetable, it would appear that the top officials’ formal certificates would not be signed until sometime in September at the earliest, starting the 60-day final implementation period to running. Thus, it could be at least November before repeal actually took place. The Circuit Court has scheduled a hearing on the constitutionality of the ban in the week of August 29.
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you left out this part in your hack thread....Repealing it to have the military do it really isnt a big ta do about.

beyond that let me know when you have something besides a blog.
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He promised it would get done. It's done. Why reinstate it, just to re-remove the ban?

Because Obama wants to be the person of record that got it done. He doesnt want the courts to get the credit.

ego, thy name is Obama.

Patrick2 · Jul 14, 2011

So now we'll have gay guys making out in the barracks? What will that do to unit cohesiveness and morale? We've already got pregnant "soldiers". In a way, it's a good thing obama is an appeaser - the leftwing is destroying the military.

Mad Scientist · Jul 15, 2011

Plasmaball said: ↑

The fast-moving legal developments are occurring over a law that Congress has voted to repeal. The repeal, however, has not yet taken effect, and will not under Congresss orders until the President, Defense Secretary Leon Panetta and the nations top military officer have formally declared that the military can handle repeal. Even after those high-level declarations are made, the military will get another 60 days to actually end the ban.
In the sworn declaration filed Thursday, by Marine Major Gen. Steven A. Hummer (who is in charge of implementing the bans repeal within the militiary), he said that the militarys leaders will lay before the President, the Defense Secretary and the chairman of the Joint Chiefs of Staff by the end of July or early in August the materials they will need to decide whether to certify that the repeal of the ban will not harm the militarys readiness.
On that timetable, it would appear that the top officials formal certificates would not be signed until sometime in September at the earliest, starting the 60-day final implementation period to running. Thus, it could be at least November before repeal actually took place. The Circuit Court has scheduled a hearing on the constitutionality of the ban in the week of August 29.
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you left out this part in your hack thread....Repealing it to have the military do it really isnt a big ta do about.
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That's how I read it too.

Dr.Drock · Jul 15, 2011

Patrick2 said: ↑

So now we'll have gay guys making out in the barracks? What will that do to unit cohesiveness and morale? We've already got pregnant "soldiers". In a way, it's a good thing obama is an appeaser - the leftwing is destroying the military.
Click to expand...

There were gays in the military before this and after this, it will have no impact on how many gays are in the military.

Douger · Jul 15, 2011

Patrick2 said: ↑

So now we'll have gay guys making out in the barracks? What will that do to unit cohesiveness and morale? We've already got pregnant "soldiers". In a way, it's a good thing obama is an appeaser - the leftwing is destroying the military.
Click to expand...

Actually the Vikings were some of the baddest motherfuckers to ever sail the sea................and give each other BJ's.

Jarhead · Jul 15, 2011

Conservative said: ↑

Plasmaball said: ↑

The fast-moving legal developments are occurring over a law that Congress has voted to repeal. The repeal, however, has not yet taken effect, and will not under Congresss orders until the President, Defense Secretary Leon Panetta and the nations top military officer have formally declared that the military can handle repeal. Even after those high-level declarations are made, the military will get another 60 days to actually end the ban.
In the sworn declaration filed Thursday, by Marine Major Gen. Steven A. Hummer (who is in charge of implementing the bans repeal within the militiary), he said that the militarys leaders will lay before the President, the Defense Secretary and the chairman of the Joint Chiefs of Staff by the end of July or early in August the materials they will need to decide whether to certify that the repeal of the ban will not harm the militarys readiness.
On that timetable, it would appear that the top officials formal certificates would not be signed until sometime in September at the earliest, starting the 60-day final implementation period to running. Thus, it could be at least November before repeal actually took place. The Circuit Court has scheduled a hearing on the constitutionality of the ban in the week of August 29.
Click to expand...

you left out this part in your hack thread....Repealing it to have the military do it really isnt a big ta do about.

beyond that let me know when you have something besides a blog.
Click to expand...

He promised it would get done. It's done. Why reinstate it, just to re-remove the ban?

Because Obama wants to be the person of record that got it done. He doesnt want the courts to get the credit.

ego, thy name is Obama.
Click to expand...

The man deserves some sort of legacy.
The Nobel Peace Prize certainly wont be it.
His failed stimulus wont be it.
His health care plan will prove to not be it.
Let him have his "gay rights"....
All presidents deserve a legacy.

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Obama to courts: Restore military gay ban now

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Obama to courts: Restore military gay ban now

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