This is a gift to the Administration if they will just take advantage of it

[bluestateguy]

It gives them a surefire way of ending the DADT policy (by not appealing) even if the Congress fucks up and fails to formally repeal it this fall.

[USArmyParatrooper]

1. The adminitration can't dictate to the federal courts

That whole separation of powers thing.

[nadinbrzezinski]

No, but if the courts rule it

unconstitutional and they do not appeal, it is over. It is gone. It depends on whether the Office of the Solicitor General decides to appeal or not to a higher court.

[napi21]

5. Woudn't i be better to appeal it to the SCOTUS This ruling

is not applicable to all states is it? If the appeal it to the SCOTUS & THEY rule it unconstitutional, THEN it's OVER everywhere.

[nadinbrzezinski]

6. It is the Ninth that ruled,

so the next court is the SCOTUS.

[bluestateguy]

2. I'm not sure I comprehend

The Court ruled DADT unconstitutional. So the Administration can say they are suspending the policy in compliance with the Court's ruling. If Congress repeals it, all the better, but if not, the policy will not be enforced.

[USArmyParatrooper]

4. I don't think they should suspend the discharges, only repeal the policy.

Suspending discharges would give some gays a sense of security to come out. Just suppose the Republicans block an actual repeal or this court ruling doesn't have teeth in the end. It can jeopardize those who otherwise choose to serve despite the policy. In my opinion it needs to be done right, not with a temporary band-aid.

[ruggerson]

3. The Court struck down a congressional statute

happens all the time.

It's part of what courts are supposed to do constitutionally.