DOJ responds to LCR in DADT case, wants to strictly restrict ruling

Just got the Department of Justice’s (DOJ) response to the Log Cabin Republican’s proposed injunction.

We’ll have more, but a quick read shows that DOJ wants to limit the injunction to the “Plaintiff and Its Members.” It actually sounds like DOJ wants to out gay servicemembers, “without the names of LCR’s members, defendants would have no way of knowing whether a particular servicemember who is subject to the actions set forth is in fact a bona fide LCR member.”

The DOJ also objects because “Plaintiff’s Proposed Injunction Would Foreclose the United States from Litigating the Constitutionality of DADT in Other Courts.” Yes, DOJ wants to keep arguing that DADT is constitutional. And, DOJ wants to be able to move for a stay.

Finally, the DOJ seems awfully concerned that if LCR wins this case, then the Obama administration will no longer be able to find that gay servicemembers hurt morale and cohesion. Why is the Obama administration so concerned about losing the “right” to discriminate against gay and lesbian servicemembers? This lead reader BeccaM to make the following observation:

They’re saying you can only bring a case if you’re in the military and out yourself, then you can begin the years-long process of seeking injunctive relief, but in the meantime they’ll throw your ass out for being gay. Which then makes you ineligible to bring a case because you’re not in the military anymore and therefore lack standing.

This is not the brief of a party that wants to find a way out of this mess. The Obama administration is aggressively defending DADT when the Obama administration doesn’t have to do this. See here, here and here.

DADT: DOJ response to LCR’s proposed injunction




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Breaking: Obama’s DOJ responds to LCR DADT case: limit scope only to LCRs affected

In other words, the discharges can continue, since the admin wants to limit the scope to members of the LCR affected by DADT. From The Advocate:

The Department of Justice issued a request Thursday to a U.S. district court judge asking to keep enforcing the military’s ban on gay and lesbian service members, challenging a request to stop its enforcement.

In a 14-page brief, Justice Department attorneys argued a permanent injunction against enforcing the 17-year-old law – one supported by Log Cabin Republicans, which challenged DADT in federal court – would be “untenable.”

“[A]ny injunction in this case must be limited to plaintiff LCR and the claims it asserts on behalf of its members – and cannot extend to non-parties – plaintiff’s requested world-wide injunction of the statute fails as a threshold matter,” assistant U.S. attorney Paul Freeborne wrote.

Cribbing from my pal Joe Sudbay, here’s the Scribd doc. He also had this to say:

Yes, DOJ wants to keep arguing that DADT is constitutional. And, DOJ wants to be able to move for a stay.

This is not the brief of a party that wants to find a way out of this mess. The Obama administration is aggressively defending DADT when the Obama administration doesn’t have to do this. See here, here and here.

Are you feeling peachy keen about this administration yet? I love the taste of Goodyear.

Another story that broke that screams “don’t hold your breath” sounds like a bucket of BS, given the long list of promises, fibs, and foot-dragging, particularly because it comes from “ally” in the WH, Jim Messina and his super-sized ego.

Public Leadership Seminar- Political Science 391-is the only course in Missoula currently taught by Mayor John Engen, and yesterday his friend Jim Messina, White House deputy chief, stopped by to talk about his job.

Messina graduated from The University of Montana in 1993 and got his start in politics running campaigns in Montana.

After working on Sen. Max Baucus’ campaign, Messina got the attention of then-Senator Barack Obama. He now works 41 feet from the Oval Office. “I’ve measured it,” he said. “That’s what you do when you’re a kid from Montana who gets his dream job.”

Political science major John Blake asked Messina about the failure to repeal “Don’t Ask Don’t Tell,” the military policy that prevents gays from being open about their sexuality while serving in the military. The U.S. Senate voted Tuesday against repealing DADT “for largely partisan reasons,” Messina said, but he’s confident DADT will be struck down.

We’re going to get that done this year,” he said.

Honest to god, are we supposed to take this seriously when no one at the WH House, including his boss, lifted a finger while the Senate floundered?

I guess Messina and Joe Solmonese are going to do a tango to ring in the new year over their fantasized predictions of success.
Pam’s House Blend – Front Page

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Colo. Sen. Responds to DADT Dorm Girls

SEN MARK BENNET X390Colorado Sen. Mike Bennet got the many messages from Lauren, Ellie and
the numerous guys that live in their dorm, and he wants them to know he
supports repeal of “don’t ask, don’t tell.”
Advocate.com: Daily News

—  John Wright

White House Responds to Ruling on ‘Don’t Ask, Don’t Tell’

I reached out earlier today to the White House for response to yesterday's ruling declaring "Don't Ask, Don't Tell" unconstitutional, and just received this statement from White House spokesman Shin Inouye:

"The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The President remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal."


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White House Responds To DADT Ruling

Towleroad has received the below statement from White House spokesman Shin Inouye.

“The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The President remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal.”

Joe. My. God.

—  John Wright

White House (KInda) responds to DADT decision


Kerry Eleveld,
Chris Johnson and Andy Towle got this statement from Shin Inouye:

“The Justice Department is studying the decision, including the question of its scope and immediate effect and we expect them to announce their next steps after that review is completed. The president remains committed to legislative repeal of DADT, and he will continue to work with lawmakers to achieve that goal this fall. And he will continue to work closely with Secretary Gates, Admiral Mullen, and the Joint Chiefs of Staff on an ongoing study of how to best implement the repeal.”

They really just never can come out and say what we want to hear, can they? But, at least now we’ve got a commitment that the President intends to have the compromise repeal language pass “this fall.” Time is running out.

Chris Johnson also got this from the Pentagon’s spokeperson Cynthia Smith:

DOJ and DoD are in the process of reviewing this opinion.

The current law is still in effect.

Keep studying. Keep reviewing. Keep discharging.




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—  John Wright

AFER responds to stay, gratified by ‘extremely expedited briefing schedule’

From the key players at the American Foundation for Equal Rights:

“We are very gratified that the Ninth Circuit has recognized the importance and pressing nature of this case and the need to resolve it as quickly as possible by issuing this extremely expedited briefing schedule. As Chief Judge Walker found, Proposition 8 harms gay and lesbian citizens each day it remains on the books. We look forward to moving to the next stage of this case,” said Attorney Theodore B. Olson.

“Today’s order from the Ninth Circuit for an expedited hearing schedule ensures that we will triumph over Prop. 8 as quickly as possible. This case is about fundamental constitutional rights and we at the American Foundation for Equal Rights, our Plaintiffs and our attorneys are ready to take this case all the way through the appeals court and to the United States Supreme Court,” said Chad Griffin, Board President, American Foundation for Equal Rights.

Given the expedited schedule, we could be at the Supreme Court sooner than we ever imagined.




AMERICAblog Gay

—  John Wright

Freedom To Marry Responds

Freedom To Marry’s Evan Wolfson responds:

“Today’s 9th Circuit order expediting appeal of Chief Judge Walker’s persuasive decision striking down Prop 8 and maintaining a stay during the appellate review, is a disappointing delay for many Californians who hoped to celebrate the freedom to marry and full inclusion in society as soon as possible. But there are many twists in the road to justice, and we are encouraged by the court’s setting a fast pace for the appeal, revealing that the judges understand how important a quick end to the exclusion from marriage is to gay couples, their loved ones, and all Americans who believe in equality under the law. While the lawyers make the case for the freedom to marry in the courts of law, we have more months in which to make our case in the court of public opinion. The evidence at trial overwhelmingly confirmed that there is no good reason for withholding the freedom to marry from committed couples, and the Governor, the Attorney General, a majority of Californians, and a majority of Americans agree with Judge Walker that the freedom to marry helps families, while hurting no one. Prop 8 should never have been on the ballot and we look forward to seeing its stain removed from the law books, as we push forward on other fronts across the country.”

Joe. My. God.

—  John Wright

Ninth Circuit Responds To Stay Motion

Things are moving VERY quickly. Brian Devine reports at Courage Campaign:

The Ninth Circuit just issued an Order stating that the Plaintiffs’ response to the Motion to Stay is due by 11:00 p.m. tonight. The Prop 8 supporters’ reply, not to exceed 15 pages, is due by 9:00 a.m. on Monday, August 16, 2010. This suggests that the Ninth Circuit is preparing to rule on the Motion to Stay before Judge Walker’s temporary stay expires on August 18th at 5:00 p.m. It’s surprising that the Court only gave the Plaintiffs about 9 hours to file their brief, and gave the Appellants until Monday to Reply. But I wouldn’t read too much into this. They know that everyone anticipated the Motion and that everyone’s briefs are essentially written already.

Sounds like everybody wants to get to Hawaii.

Joe. My. God.

—  John Wright

Sarah Palin Responds to Bristol’s Engagement

The battle between Sarah Palin and Levi Johnston wages on this week.  Johnston and Bristol Palin announced their engagement
Daily News

—  John Wright