Over at the Wonk Room, Igor Volsky reports on a tactic taken today by Sen. Mark Udall. Several of the top military brass testifying today indicated that they were hesitant to institute the repeal in a time of war.
Sen. Mark Udall (D-CO) — a strong proponent of repeal — said that the amendment included in the National Defense Authorization Act (NDAA) offered the perfect compromise: the certification process provides the military with the flexibility not to implement repeal right away, while undermining the possibility that the courts would force the Armed Forces to act quickly. Every Service Chief agreed that they were comfortable that Secretary of Defense Robert Gates would take their concerns into consideration before certifying repeal and admitted that they could effectively implement the policy change.
Critics were quick to point out that such a compromise could stall the implementation of the repeal until the end of the Afghanistan war. (And longer, should other conflicts arise before then.)