President Obama: End all DADT discharges NOW and 'No Appeal' of ruling

[Bluebear]

Via americablog: Just got this from Richard Socarides, the political strategist and attorney, who served as White House Special Assistant and Senior Advisor to President Bill Clinton. He also worked on Capitol Hill -- and he really knows how the political and legal game is played. He's often on tv and is widely quoted on LGBT issues. Richard's statement addresses what a number of people have been asking:

There are two things we should all be insisting on from President Obama and Attorney General Holder right now. We all need to be united about this as a community.

One, there is no excuse, and there can be none, for the continued enforcement of the Don't Ask, Don't Tell policy, even in a scaled down version. The president says he's against it, the American people are against it, it hurts our national security, and now a federal court has ruled it violates our sacred constitution. This insanity must end now. There must be a complete and immediate end to all DADT discharges.

Second, there is no valid legal (or political) reason to pursue an appeal. There is no legal obligation to continue to defend a law declared unconstitutional by a sitting federal judge. We must insist on an unequivocal statement from the president that he will allow the ruling to stand, because it is in accordance with his long held view, but more importantly, because doing so is consistent with our constitution. We must expect and demand no less from him. No appeal. Let this ruling become the law of the land.

http://gay.americablog.com/2010/09/socarides-end-all-dadt-discharges-and.html

[Ignis]

1. K&R. There's no need to pursue an appeal here.

Equal rights for all, now! :patriot:

[SlipperySlope]

5. I think it only applies in that district for now...

The ruling came out of the Central District of California. It isn't binding on any other district or any other court.

If the law isn't ultimately appealed upwards then it will continue to apply in other districts and circuits. Whether it is *this* case that is appealed, or another case that is appealed, I don't know.

[BR_Parkway]

2. If they don't pursue an appeal, can a Republican DOJ later on bring up

an appeal? Or is there some time frame to this?

[SlipperySlope]

7. Appeal aside, Republican DOJ can just bring it up fresh in another district or circuit.

This judge only rules for the California Central District. There are 94 federal districts. Precedent set in one does not apply to the others.

A Republican DOJ could always prosecute a gay soldier in any of the 93 other districts. It is common for different districts to have different precedent on matters like this.

Ultimately the circuits will need to start deciding. Once a "circuit split" is established (one circuit ruling one way, on circuit ruling another) then the question may be considered "ripe" for the Supreme Court.

[LaurenG]

3. K&R n/t

[stevenleser]

4. You got me all excited that he actually said this. n/t

[MarthaM]

8. Same here. Title looks like it came from Pres. Obama n/t

[Hell Hath No Fury]

6. Arnie & Jerry showed how it was done here in CA --

It is within his power to not appeal the ruling -- I hope for everyones sake he has the courage.

[Tx4obama]

9. You should change the colon in the title to a comma. n/t

[Bluebear]

11. You're so right. Too late now but hope people will get the drift :)

Thanks anyhow!

[terrya]

10. Let's kick and recommend this.

Richard Socarides, as usual, gets it exactly right. I agree with every single word Mr. Socarides says.

But...I feel...lighter, for lack of a better word, as I shed the ridiculous, naive expectations that this President and his administration really cares...that is, through acutal action and leadership instead of words at White House cocktail parties... about one of the Democratic Party's core, reliable constituencies and voting blocs...GLBT Americans. For instance, I completely expect to read that the DoJ will file an immediate appeal of Judge Phillips' brilliant, long overdue ruling.

[Starry Messenger]

12. k & r

[VMI Dem]

13. There you go shit stirring.

;-)

[bobbolink]

14. Could someone pleeeez pass the smelling salts to Obama?

The coffee dosn't seem to be doing the trick.

:hi:

Look for a pm, Bluebear!

[jgraz]

15. But he's *required* by law to appeal it. Just like Jerry Brown had to appeal the Prop 8 ruling.

Oh wait...

[donheld]

16. Agreed 100%