Study: Obama doesn’t need Congress to halt gay discharges

[ZombieHorde]

By 365gay Newscenter Staff

(Santa Barbara, California) A new study by a team of military law experts asserts that President Obama has the legal authority to end gay discharges through an executive order.

The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” was sponsored by the Palm Center at the University of California, Santa Barbara .

snip

Many have argued that only Congress can lift the ban. But according to the Palm study, Congressional approval is not needed, suggesting Obama is playing politics.

http://www.365gay.com/news/study-obama-doesnt-need-congress-to-halt-gay-discharges/">Check out the whole article.

[boppers]

1. I don't get why a black man would join the KKK.

Maybe time to shut the whole thing down. When was the US last invaded?

[whistler162]

2. A on possible methods.... D on President Obama's

ability to use any method other than the legaslative method to repeal DADT.

Executive Order would have both Liberals and Conservatives screaming about his use of Executive Orders to change laws that he doesn't like.

As for the other method of suspending it from the military angle. I would be leery of using that rule if it is even possible.

Get the legislation through Congress.

[ZombieHorde]

3. Obama has the legal right to halt discharges, he only lacks the will to act. nt

[vaberella]

5. *nods* In other words, he's a coward. n/t

[snowdays]

13. Conyers on Obama: ‘Why is he becoming so conservative now that he’s got the job?’......

Forum Name General Discussion: Presidential
Topic subject Conyers on Obama: ‘Why is he becoming so conservative now that he’s got the job?’
Topic URL http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8417863#8417863
8417863, Conyers on Obama: ‘Why is he becoming so conservative now that he’s got the job?’
Posted by democracy1st on Mon May-18-09 03:42 PM

White House has declined to use 'stop loss' provisions to circumvent 'Don't Ask, Don't Tell' discharges


By Todd A. Heywood

DETROIT — U.S. Rep. John Conyers, the Detroit Democrat who chairs the House Judiciary Committee, says it is time to repeal the 16-year-old ban on openly gay service members in the U.S. military. The controversial policy has become an issue for the White House since President Obama took office in January. During the 2008 campaign, Obama had promised to end the “Don’t Ask, Don’t Tell” policy, but recently, the president has appeared to be backing off that statement.

“Why is he becoming so conservative now that he’s got the job?” Conyers asked during an interview with Michigan Messenger at a gathering of progressive activists on Saturday. “I think he is getting a lot of pressure put on him from the right, from conservatives. And he is trying to prove to the Republicans that he is bipartisan.”


According to a recent study by Santa Barbara, Calif.-based Palm Center, the president has the executive authority to stop the use of the law to kick out gay service members through the controversial stop-loss policy, which forcibly extends the duration of service for members of the military beyond the original end date.

“That use of stop-loss forcibly extends service by those who wish to leave the military,” said Diane Mazur, professor of law at the University of Florida College of Law and co-author of the new study. “Suspending discharges for homosexuality would do the opposite and allow ongoing service by those who wish to remain in uniform.”

The Obama administration has declined to use the stop-loss policy to cease the discharge of gay service members.

“The president’s determined that that’s not … the way to seek any sort of lasting or durable solution to the public policy problem that we have,” Gibbs said last week, saying legislative action is necessary to end “Don’t Ask, Don’t Tell.”


http://michiganmessenger.com/19296/conyers-on-obama-why-is-he-becoming-so-conservative-now-that-hes-got-the-job

[vaberella]

4. Huh?!

I thought, Congress is the only one who can lift the ban. Not the President. He can suspend the firing of people's who have their rights violated by the DADT law, but he can't overturn the law. I think the word usage in this article is off and misleading.

[ZombieHorde]

6. The tilte does not mention "lifting" or "suspending", only "halting". nt

[ZombieHorde]

7. Shameless self kick. nt

[rug]

8. Perhaps you should reword that headline.

[ZombieHorde]

9. I used the article headline, what would you suggest?

[rug]

10. Ok, don't blame me when the rumors start.

[ZombieHorde]

11. I don't follow your post.

What rumors do you predict may start from my OP's subject line?

[rug]

12. I'm going back to the Lounge.

[redqueen]

14. No, go on... explain please.