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“It happens every once in awhile at the federal level when the solicitor general, on behalf of the U.S., will confess error or decline to defend a law. I don’t know what is going through the Obama administration’s thought process on don’t ask, don’t tell. It would be appropriate for them to say ‘the law has been deemed unconstitutional, we are not ... See the Rest

A Question of Choice Part 2

Speaking of choice, there is a persistent talking point (pushed by the White House and President Obama’s supporters) that says the president has no choice but to defend Don’t Ask Don’t Tell and DOMA in court and that the DOJ is required to appeal adverse federal rulings. The problem is - that is just NOT true. In fact the DOJ just DECLINED to ... See the Rest

Obama Administration Appeals The Overturn of DOMA

Attorneys from the Obama administration's Department of Justice filed a “notice of appeal” Tuesday in the case challenge to Section 3 of the Defense of Marriage Act. On July 8th, U.S. district court judge Joseph L. Tauro ruled Section 3 of DOMA unconstitutional. The Obama administration's decision to appeal comes despite President Obama's promise ... See the Rest

A DADT WIN (at least for now)

A federal judge ruled late yesterday that a lesbian soldier discharged under the Don't Ask Don't Tell policy should be reinstated. Major Margaret Witt was suspended in 2004 and subsequently discharged under the DADT policy after the Air Force learned she had been in a relationship with another woman. She sued to get her job back after being ... See the Rest

A DADT WIN (at least for now)

A federal judge ruled today that a lesbian soldier discharged under the Don't Ask Don't Tell policy should be reinstated. Major Margaret Witt was suspended in 2004 and subsequently discharged under the "don't ask, don't tell" policy after the Air Force learned she had been in a relationship with another woman. She sued to get her job back after ... See the Rest

Obama Administration Defends Don’t Ask Don’t Tell In Court

The Obama administration's Department of Justice asked a federal judge yesterday to continue enforcing the military's ban on gay and lesbian soldiers, despite a ruling earlier this month that struck down the Don't Ask Don't Tell policy as unconstitutional. In a 14-page filing, Justice Department attorneys argued that stopping the enforcement of ... See the Rest