Well there is a great big whomping case of judicial over reach that only muddies the water for a process that was unfolding fairly in the other two branches. A federal judge has issued a worldwide injunction stopping enforcement of the "don't ask, don't tell" policy, ending the military's 17-year-old ban on openly gay troops. U.S. District Judge Virginia Phillips' landmark ruling Tuesday was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not. U.S. Department of Justice attorneys have 60 days to appeal. Legal experts say the department is under no legal obligation to do so and could let Phillips' ruling stand. Phillips declared the law unconstitutional after a two-week trial in federal court in Riverside. The case was brought about by the pro-gay Log Cabin Republicans. It will be interesting to see how the legal wrangling she did to frame this stands up to scrutiny. This judge seems to have taken it upon herself to decide piles of factual and legal issues and I kinda doubt this rests on too strong a foundation. I am obviously for removing the ban, but in the way that it ought to be done i.e. the executive and legislative branches doing exactly what they are now. Having unaccountable judges ruling on issues this sweeping is hardly helpful. The military will have a huge challenge implemeting this policy and having it shoved down their throats by a judge is not going to help its popularity.
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Posted
Oct 12 2010, 05:59 AM
by
BLACKFIVE