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-Activist Judge Orders Military to Immediately End ‘Don’t Ask Don’t Tell’ Rule

by Dr. D ~ October 13th, 2010

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Yesterday (Tues. Oct. 12) a federal judge ordered an immediate end to the military’s ‘don’t ask, don’t tell’ ban on lesbians and gay men serving openly in the armed forces. The Justice Dept. has 60 day to appeal the decision.

U.S. District Judge Virginia Phillips in Riverside, Calif., ruled that enforcement of the law she had previously declared unconstitutional must be halted immediately.

The judge said that the rule "irreparably injures servicemembers by infringing their fundamental rights." She also ruled that the policy originally instituted by President Clinton violated a host of rights including: due process, freedom of speech, and the right to petition the government for redress.

Following her original ruling against the law the Obama administration had ordered the military to do a study concerning the implications if the rule was over-turned. The study is not complete. The administration is weighing how to proceed now and whether to appeal the judge’s ruling or not.

Response: Another case of judicial activism. Judge Phillips is not content to let the administration and military respond to her initial ruling but now wants to force the issue immediately not caring whether there might be consequences or not for a military heavily involved in the midst of a war.

The Judge can sit comfortably in her office in Riverside, California and feel good about pushing her own liberal/progressive agenda without even a concern or care how it might be implemented in the hills and plains of Afghanistan and Iraq. The military should be able to at least have their say on this issue. The President has already committed his administration to make a change in the rule.

Meanwhile, there is already judicial ruling and precedence on ‘Don’t ask don’t tell’ from higher courts that Judge Phillips seemingly ignored? In June 2009, the U.S. Supreme Court turned down a challenge to the policy and a federal appeals court in Boston earlier threw out a lawsuit filed by 12 military veterans.

So this judge in a small district court in podunk Riverside, California takes it upon herself to overturn a ruling by an Appeals Court in Boston and the US Supreme Court all by her lonesome self?  At least that is the affect of her decision.

Personally I have never liked the ‘Don’t Ask Don’t Tell’ rule but at least it was a compromise that the military was willing to live with.             *Top of the Blog

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