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11/10/2010

Govt. to SCOTUS: We want DADT to go, but for now you should stay, so that when it goes, order will stay...

by Jeremy Hooper

Don't Ask Don't Tell update:

(1) The Government has asked SCOTUS to keep Don't Ask Don't Tell in place while District Court Judge Virginia Phillips's injunction is on appeal.

(2) The folks who brought the suit, the Log Cabin Republicans, issue a reaction that's one part focused on the shared cause, one part focused on partisan politics -- but all-around unhappy with the decision:

"It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court to halt this failed policy," said R. Clarke Cooper, Executive Director of the Log Cabin Republicans. "At the same time, President Obama remains far from the front lines of the fight for legislative repeal while commanding his lawyers to zealously defend 'Don't Ask, Don't Tell' in court. This week Log Cabin Republicans have conducted meetings with numerous Republican senators potentially in favor of repeal, all of whom are waiting for the President's call. The White House has been missing in action on Capitol Hill, undermining efforts to repeal 'Don't Ask, Don't Tell' in the final session of this Congress, potentially leaving the judiciary as the only solution for our brave men and women in uniform."

"We have reviewed the government's opposition to Log Cabin's application to vacate the stay of Judge Phillips's injunction by the Ninth Circuit," said Dan Woods, White and Case partner who is representing Log Cabin Republicans. "In our view, the government's lengthy, detailed, 29-page brief does not address the two key arguments we presented to the Supreme Court. First, we argued that the premise of the government's position--that it needs time to conduct an orderly process of repealing DADT--is entirely speculative because Congress has not and very well may never repeal DADT; the government's filing today does not address that issue. Second, we argued that the Ninth Circuit order did not take into account the harm to servicemembers and potential enlistees resulting from the stay; the government's filing today does not respond to that point either. At this point, all we can do is look forward to a favorable ruling from the Supreme Court."
Log Cabin Republicans: President Obama MIA on Capitol Hill, but Reports For Duty to Defend DADT at Supreme Court [LCR]

Understandable frustration. Confusing contradictions. Overwrought debate.

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