DOJ Appeals Witt’s Reinstatement, But Will Not Prevent Her From Serving During Process

[Tx4obama]

Source: Think Progress

Moments ago, the Justice Department appealed a federal district court ruling reinstating Air Force Major Margaret Witt after she was discharged from the military under Don’t Ask, Don’t Tell to Ninth Circuit Court of Appeals. But the government did not ask the court to stay the decision — suggesting that Witt will be able to serve in the Air Force through the duration of the appeal process.

SNIP

The government’s decision not to request a stay from the Ninth Circuit is significant, however, because it could allow Witt back into the Air Force and save the government a trip to the Supreme Court. After all, a stay request to the very same court that established the Witt standard would have likely been denied, forcing the government to appeal the decision before Justice Kennedy, who decides appeals for the Ninth Circuit. From their, the outcome would have been very uncertain.

SNIP

.... Josh Gerstein has this statement from White House Press Secretary Robert Gibbs:

“Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional," Gibbs wrote. "This filing in no way diminishes the President’s -- and his Administration’s -- firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck."

Read more: http://wonkroom.thinkprogress.org/2010/11/23/witt-appeal/

[Tx4obama]

1. Bump. n/t

[davidinalameda]

2. DOJ appeals lesbian's reinstatement to Air Force

Source: Washington Post

A lesbian flight nurse discharged under "don't ask, don't tell" can rejoin the Air Force Reserve, even as the government appeals a judge's ruling that returned her to the job, her lawyers said Tuesday.

U.S. District Judge Ronald Leighton ruled in September that former Maj. Margaret Witt must be reinstated because her dismissal advanced no legitimate military goals and thus violated her constitutional rights.

The Justice Department appealed that ruling to the 9th U.S. Circuit Court of Appeals on Tuesday, its deadline for doing so.

But government lawyers did not ask the appeals judges to freeze the lower court's ruling while the appeal proceeds - and Witt's lawyers said that means she can be reinstated.

Read more: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/23/AR2010112305618.html

[aquart]

3. We persecute heroes and ignore war criminals. Heckuva job.

[HillbillyBob]

4. Revoltin idinit?

nt

[RKP5637]

5. What goes as justice is very very weird. It's great if she's reinstated, but

sometimes I do wonder if we'll still be waiting on DADT repeal 2 years from now. I hope not.

[awoke_in_2003]

9. if they don't get it repealed...

after thanksgiving and before christmas they won't at all. We wasted two years of majority control, and none of our "leaders" took the lead on this. Did they not do so because they are stupid? No. They didn't do it because civil rights aren't important to them.

[RKP5637]

12. Yeah, sadly that's getting to be my conclusion. There is no way IMO they

are going to get this through next year. It just won't happen. I'm also not so sure they won't yank it out of the defense bill as another compromise. Civil rights are getting to be more and more a privilege and not a fundamental right.

[Doctor_J]

6. She should confess to torturing people. Then the DoJ would leave her alone

This makes me :puke:

[gratuitous]

7. There's some fierce advocacy for ya

At least they didn't ask for a stay of Witt's reinstatement, so I guess there's that.

[alp227]

8. Leighton=GW Bush appointee.

Whose GOOD decision is being appealed by the Obama Department of "Justice." Sorry, I do NOT believe in this type of change! REPEAL DON'T ASK, DON'T TELL NOW!

[ShamelessHussy]

10. When they reinstate the draft, we will ALL be Gay

then they will quickly remove this POLITICAL, inhuman, unjust, bogus regulation.

[RKP5637]

13. Yeah, that's true, and given this nations' propensity for war, the draft well

might be necessary in the future if we are going to continue to be the cops of the world.

[mitchtv]

11. K&R

thanks

[QC]

14. Hopetastic! n/t