Why do you think Obama is appealing on DADT, and how confident are you of that?

[Donald Ian Rankin]

Two-part question, of which the second part is included only to make people think about the first part.

1) Why is Obama having the DOJ appeal the ruling overturning DADT? I can see lots of possible answers:
:-He wants DADT to stand
:-He wants to make it harder for a Republican administration to launch a more effective appeal
:-He thinks it will gain more votes than it loses
:-He wants DADT repealed, but slowly rather than straight off, because (he thinks) the military want it that way


2) How confident are you of your answer to part 1? What do you think the other likely/unlikely possibilities are?

[eleny]

1. All I know is that I'm tired of peeling the onions, layer by layer, of some of his decisions

[sinkingfeeling]

2. Answer 1, None of the above Answer 2. Confident that DADT needs to be repealed by Congress and not

have to be fought through the court system where it would be subject to a final decision by the Roberts Court.

[Hell Hath No Fury]

11. It will not be repealed by Congress anytime soon.

And he damn well knows it.

[uponit7771]

3. Because if they don't appeal it at this level it'll go to USSC and then it'll have to be legislated

...into law even more (somethings going to be added) and we know it isn't going to happen.

Also, we should NOT support lower courts dashing laws because then KKKon judges can do that with civil rights laws etc and the whole process will have to go through the courts again.

I don't like they way Obama is explaining this, he should, and that's causing a lot of unneeded confusion.

[sandnsea]

4. Congress or the Supreme Court

Those are the only two ways for a full and final repeal of DADT. That's it, that's all. They either move the law suit up through the court system, or WE overcome John McCain's objections in the Senate. Yes I believe he is that powerful in that body.

Nothing more complicated than that.

[Cleobulus]

5. He wants his party, and himself, to take credit for repealing the law...

not have that credit taken away by some judge.

I'm very confident this is the primary reason for the appeal, he may not like DADT, but that dislike takes a backseat to trying to play politics with soldier's lives.

[Bitwit1234]

6. Wait a minute the DOJ is taking this on and all reports say

that Obama did not agree. How come everyone is blaming him. I have told people over and over I think Holder is the worst excuse for AG we have had except for Gonzo. Why won't people believe it.

With all the complaints against the republican organizations raising money illegally and using tax free status and paying republican politicians, why is Holder focusing on gay issues. A judge ruled, why is he trying to overturn it.

[Hell Hath No Fury]

9. That is the spin they are using --

to protect O from GLBT animosity and retribution.

Holder doesn't wipe his ASS as AG without O being solidly onboard.

[MadHound]

10. Are you trying to tell me that Obama can't stop this travesty even if he wanted to?

If that is the case, then Obama is the weakest willed president ever. If you can't get your own AG to back down on an appeal, then you simply don't have the spine suited for higher office.

[The Philosopher]

15. The Supreme Court

has determined that he is not a direct administrator of agencies under him, but his duty is a "superintendence of administration." (http://supreme.lp.findlaw.com/constitution/article02/16.html#1)If the Attorney General didn't exist, if there were no Department of Justice, then it would be asked of the President to handle defending the Constitution in court. Considering the scope of the Presidential role, this cannot be asked of the President. So agencies are created to handle duties, but those agencies are not an excuse from his duty. The DOJ is under him, even if they don't report to him daily.

And I'm quite sure he's heard of this little DADT tiff going on. After all, we did elect a President who reads a newspaper.

[Hell Hath No Fury]

7. Midtern politics.

He doesn't want "gay-lover" pinned on the conservative "Democrats" by that are in tight races.

Politics, pure and simple.

[daylan b]

12. Add the "out of control judges" talking point to that

and you've got it.

[Hell Hath No Fury]

13. Yup, there's a slew of GOP favorites they --

would love to pin. "Activist judges" is a longtime brick they throw.

[Nite Owl]

8. Letting the courts decide

would mean that it could end up with the SCOTUS and then we would lose everything. That could be it however, why can't they not appeal, let the decision stand and still have Congress act? Don't have much faith in the Senate doing anything and once the ruling is allowed to stand and gays are openly admitted and allowed to stay it would be hard to put that cat back in the bag.

[petronius]

14. I understand (and agree with) the logic that acts of congress should be judged by

a court at the equivalent level, i.e. the USSC. So appealing it up to that level makes sense in a procedural way. I don't really buy the 'precedent' argument - future R administrations will do exactly what they want to do no matter what Obama does here.

I also don't think the Obama Administration cares about or supports a whole host of issues (DADT-repeal, marriage equality, etc) nearly as much as it should...

[AtomicKitten]

16. According to this WashPost link, he's not. The DOJ is ----

----> http://www.washingtonpost.com/wp-dyn/content/article/2010/10/21/AR2010102100569.html

[dgibby]

17. Could it be that he is buying time

for the Pentagon to gin up some draconian "separate but equal" program to isolate the GLBTI troops? There have been several articles re: separate barracks, units, showers, etc, being proposed.

http://jonathanturley.org/2010/03/28/separate-equal-and-fabulous-barracks-marine-commandant-promises-to-force-gay-to-live-in-separate-housing/

This is just one article. There are several on the subject. Just Google: Gays in the military: separate but equal?