Obama DOJ Determined to Uphold Unconstitutional DADT

Wednesday, October 20, 2010


Well that didn’t take long!

Less than 24 hours after U.S. Federal Judge Virginia A. Phillips denied the Obama DOJ’s request for a stay of her ruling against any further enforcement of the ban on openly gay and lesbian Americans serving in the military, Chris Geidner at Metro Weekly breaks the news that the Department of Justice ran screaming to the U.S. Court of Appeals for the Ninth Circuit asking for an emergency stay of Judge Phillips order halting enforcement of the “Don’t Ask, Don’t Tell” policy.

The injunction, which was issued on Oct. 12, was the result of her September decision in Log Cabin Republicans v. United States that DADT is unconstitutional.

In its filing, DOJ attorneys say:

We respectfully request that the Court enter an administrative stay today, October 20, 2010, pending this Court’s resolution of the government’s motion for a stay pending appeal, which would maintain the status quo that prevailed before the district court’s decision while the Court considers the government’s stay motion.

Geidner says the request likely will be heard by the “motions panel” in October, which includes Judges O’Scannlain, Trott, and W. Fletcher.

The government attorneys argue that Log Cabin Republicans does not have standing to maintain the case, a point that was argued by the government unsuccessfully at trial.

DOJ goes onto argue:

“The government has also shown a likelihood of success in its argument that the district court erred in ruling § 654 [the DADT law] unconstitutional on its face.”

Lastly, the Obama DOJ argues that the remedy, the worldwide injunction against all enforcement of DADT, is improper because no class had been certified in the case. In other words, because this was not a class-action lawsuit, representing all those impacted by the alleged wrong, an all-encompassing injunction like that ordered by Phillips is improper.

Read the entire Obama DOJ request here: DOJ9thCirStayRequest.pdf

At least we know now beyond a doubt that the Obama administration has declared war on America’s LGBT community, as well as the U.S. Constitution, as it clumsily and haphazardly attempts to defend a policy declared unconstitutional by two U.S. Federal judges.

President Obama can never again claim to be our “fiercest advocate.” In fact, Obama is our most reliable enemy.

This entry was posted in DOJ, Don't Ask Don't Tell, Homophobes, LGBT Rights, Military, News, President Barack Obama and tagged , , , , , , . Bookmark the permalink.

19 Responses to Obama DOJ Determined to Uphold Unconstitutional DADT

  1. DMason says:

    I can’t wait to vote this clown out of office. I swear on the Flying Spaghetti Monster, I will write in Lady Gaga before I would vote to reelect Obama. I simply loathe him. Man, did he dupe this country.

  2. Harry says:

    This isn’t altogether unexpected. Obama is just the latest occupant of the White House to toss the LGBT community under the bus.

  3. VicoDANIEL says:

    I have a question?

    Does anyone know the political compensation of the 9th District Court?

    Because if the 9th is heavily weighted by rightwing Republicans, expect the DoJ’s request to be granted and “Don’t Ask, Don’t Tell” will is thrown back and the status of the policy remains in legal limbo.

    If the 9th is weighted with Democrats, Obama and Eric Holder may have their faces rubbed in dog shit as the emergency stay request is denied.

    Of course, you know where I stand!🙂

    vicodaniel1987@yahoo.com

  4. Rem says:

    Obama is just such a douche-bag.

    Yesterday I saw Hillary Clinton’s “It Gets Better” video. I was astonished. She said all of the right things and seemed to mean it. Further, since she has been Secretary of State, she has increased benefits for gay employees. So, it’s not just “Obama talk.”

    I voted for the douche-bag in the 2008 primaries. I kicked myself real hard after seeing Hillary’s video.

    I certainly hope she challenges in 2012. She’ll get my vote this time. Further, after seeing how badly The Douche-Bag has done by being bipartisan, I think she might have the spine to be an FDR and not a Kennedy, Clinton, or The Douche-Bag.

    Here’s a link to the video:

  5. Big Hank says:

    I’m not surprised to see the Dept. of Justice appeal the judge’s ruling.

    The blogosphere is full of Obama’s defenders who say the DoJ had no choice to uphold existing law. But the fact is, there have been a number of recent cases the DoJ refused to appeal — preferring to let things stand and avoid the controversy.

    But when it comes to all things gay, the Obama administration isn’t any different from past administrations. They’re petrified sheep.

  6. stradella says:

    Barry, Barry, Barry, what the hell are you doing?

  7. Greg Equality Lengkong says:

    President Obama made a decision to try and uphold a law deemed unconstitutional.

    I, have made a decision to contribute my time, energy and money to make sure President Obama is defeated in 2012.

    Enough. I don’t suffer from battered spouse syndrome and I’m nobody’s victim. Include Mr. Obama.

  8. Rinaldo says:

    “It is true that you may fool all of the people some of the time;

    you can even fool some of the people all of the time;

    but you can’t fool all of the people all of the time.”

    – Abraham Lincoln

  9. Chad Lebanon says:

    Just be patient guys. I think Little Barry Sorento has a surprise waiting for him next spring.

    The new GOP will try to impeach him over healthcare reform. Whether the GOP is successful remains to be seen next year but, an impeachment effort is a distraction and guaranteed to make Barry’s life a living hell.

    Couldn’t happen to a nicer guy.

  10. Massagatto says:

    The only reason Barack Hussein Obama ran for the U.S. senate as a Democrat is, blacks have a difficult time winning election to the Republican party.

    You see, Barack Hussein Obama isn’t a Democrat.

    He’s a Republican pretending to be a Democrat.

    Just like his shuck-and-jive routine during campaign stops. He puts on his loose shoes and takes his coat off and tries to sound like he’s at the barbershop but you know he’s as Lilly white as Julie Andrews.

  11. Randy Arroyo says:

    This decision will come back to haunt Obama. It’s as if he’s trying to see how far he can push back and cash in on the goodwill be received in Nov. 2008. What he forgets is, his poll numbers are below 50% and many of the groups who supported him two years ago have moved on.

  12. Thai Noodles says:

    Bad news to report.

    Just heard a three judge Ninth Circuit panel granted the DoJ’s request for an emergency stay. DADT is still in effect. The queer hating Obama/Holder tag team won this round. Time to get real and get angry and get this fucking hypocrite kicked out of office in 2012.

  13. R.J. says:

    I’m so angry I would vote Sarah Palin over Nobama because of this. I figure if life is going to be hell for me I might as well make it hell for everyone else.

  14. Kate Novotny says:

    “After what he did today, I will not vote for Barack Obama.” – Lt. Dan Choi, on Twitter, 10/20/2010

    What more needs to be said?

  15. Joe in Colorado says:

    You know, the irony is, there’s no requirement for the White House to keep defending DADT? A lot of rulings fall by the wayside and the DoJ decides to ignore them because it doesn’t want the controversy. For reasons known only to this White House, upholding DADT is the issue Obama is staking his reelection on? If I were him, I wouldn’t order new bank checks with 1600 Pennsylvania Avenue printed on the upper, left-hand portion of the checks.

  16. Tiny Dancer says:

    If you open a Thesaurus and look up “Barack Obama,” you will find the word: hypocrite.

  17. Matteo says:

    To the nitwits who say Barry had no choice but to defend DADT, read this article from NEWSWEEK.

    Several constitutional law professors say Barry had a number of choices and he decided on the worst one.

    http://www.newsweek.com/2010/10/19/is-obama-s-excuse-for-not-repealing-don-t-ask-don-t-tell-legitimate.html

  18. feminazi says:

    Matteo – I just read your link and you’re 100% correct. Obama settled on the worst of decision and now he must face the consequences of livid repeal advocates who can factually conclude his commitment to LGBT equality has more holes than a block of Swiss cheese.

  19. Mauigirl says:

    I know – it’s crazy. There is a NYT op-ed explaining why Obama is insisting on a Congressional repeal rather than going with the courts. I still don’t buy it, as he hasn’t been forceful enough in pushing for it. It’s maddening. Of course, if the GOP gets in, DADT will never be repealed. But at least you know it.

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