October 12, 2010 archive

DADT: Judge Phillips issues her injunction

Judge Virginia A Phillips, US District Court, Central District of CA,  has issued an injunction which halts enforcement of the Pentagon’s discriminatory “Don’t Ask, Don’t Tell” policy, after ruling it unconstitutional last month on Sept 9, .



“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”

From the injunction ruling itself: (pdf download  http://www.ServicemembersUnite…  )

(3) Orders Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. 654 or its implementing regulations, on or prior to the date of this judgement.

(4) Grants Plaintiff Log Cabin Republican’s request to apply for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412  

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.


Virginia A Phillips

United States District Judge

dated October 12, 2010

A writeup yesterday from Law.com thinks that the Obama administration will continue to defend DADT, instead of letting the policy just die,  while waiting for  Congress to further write a new law, Sec of Defense Gates to complete his “study and survey,” and the Supreme Court to eventually issue their opinion on the appeal.

Senators Gillibrand and Udall have sent a public letter urging Attorney General Eric Holder not to appeal, saying such could hold back Congress further.


Still, several signs indicate that the Obama administration plans to continue to defend Don’t Ask, Don’t Tell. When asked about the government’s next move, Justice Department spokeswoman Tracy Schmaler said in an e-mailed statement to The National Law Journal: “The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged.”

The Justice Department already has filed an opposition to a proposed permanent injunction that would bar enforcement of Don’t Ask, Don’t Tell worldwide. In it, the government said that an injunction, if granted, should be limited to members of the Log Cabin Republicans.

If Phillips grants the injunction, the government could ask the 9th Circuit for a stay pending any appeal and for a stay to be granted, said Adam Winkler, a constitutional law professor at the University of California at Los Angeles School of Law. “If she enters a permanent injunction without a stay of appeal, it will seem like a power grab,” he said of Phillips. “The 9th Circuit won’t look kindly upon it.”

As I pointed out previously, the Log Cabin Republicans are Republicans, and to limit the stay of this discriminatory law to their group, says that the US Constitution is not political party neutral,  and the Obama Administration thinks only Republicans are qualified to deserve civil rights and equal protection under the law. Another lawyer in the article pointed out there is a tendency for the judiciary to “defer” to the military.  The last time I looked, there is absolutely nothing in the Constitution which stated that military service can only be performed by members of one specific political party.   The Commander in Chief is still an elected civilian position, no party specified, at least in stated law.  Membership qualifications in a political party to obtain full benefit of the law, even military law, reeks of codified bribery.

The solution is obvious, the Attorney General of the U.S. should not appeal this ruling, to do otherwise implies Justice is for Sale, and our military forces are open to the highest bidder vying for the attention of one of 100 Senators.  This becomes an issue of national sovereignty.  Let DADT die.  Its time has passed.  

previous diaries on this:

Holder’s DOJ Attorneys Behaving Badly, File Objection on Dadt overturn


DADT Overturned, How Hard Will Obama Admin Defend It ?


Open Farm


Somebody To Lean On

One of these turtles is a socialist DFH. The other is a democrat.

Docudharma Times Tuesday October 12

Tuesday’s Headlines:

Brazil eyes microchips for forest management


Offshore Wind Power Line Wins Praise, and Backing

Families, veterans call operation name on Arlington headstones propaganda move


Irish police find explosives and arms dump in blow to dissident republicans

Money speaks louder than hollow EU praise for Chinese activist

Middle East

Basra in southern Iraq has been transformed – thanks to oil

Iran apparently arrests son of woman sentenced to stoning, group says


Pakistan aid workers in row with US over Stars and Stripes ‘logo’

South Korea’s Lee expects Kim Jong-un to rule North Korea


Uganda customs impounds Museveni biography

African journalists tasked on climate change

Latin America

Chilean miners face struggle after rescue

Chile prepares for attempt to rescue 33 miners

An attempt to rescue 33 miners trapped underground in Chile will begin at midnight on Tuesday (0300 GMT), Mining Minister Laurence Golborne has said.  

The BBC  12 October 2010

A test of the steel rescue capsule was earlier carried out successfully, descending almost the whole way down a 622m (2,040ft) shaft, engineers said.

The men were trapped in the San Jose mine by a tunnel collapse on 5 August.

Correspondents say there is a sense of excitement on the surface, with the miners’ families counting the hours.

Journalists have flocked to the mine from all over the world to see the freed men emerge from their two-month ordeal.

Muse in the Morning

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Muse in the Morning

Time for a break from poetry…in order to create some art.

I am not eccentric.  It’s just that I am more alive than most people.  I am an unpopular electric eel set in a pond of goldfish.

–Dame Edith Sitwell


Late Night Karaoke

Obama Undone By His Own Bullshit

Republicans and tea-baggers are winning the public debate about “big government” with the argument that “big spending” has failed to reduce unemployment much below 10%, and why are Obama and the Democrats so pitifully ineffective at refuting the dim-witted rants of a mob of yahoos?

Paul Krugman analyzed Obama’s self-inflicted dilemma in a recent column.

Actually, the administration has had a messaging problem on economic policy ever since its first months in office, when it went for a stimulus plan that many of us warned from the beginning was inadequate given the size of the economy’s troubles.

You can argue that Mr. Obama got all he could – that a larger plan wouldn’t have made it through Congress (which is questionable), and that an inadequate stimulus was much better than none at all (which it was). But that’s not an argument the administration ever made. Instead, it has insisted throughout that its original plan was just right, a position that has become increasingly awkward as the recovery stalls.

And a side consequence of this awkward positioning is that officials can’t easily offer the obvious rebuttal  to claims that big spending failed to fix the economy – namely, that thanks to the inadequate scale of the Recovery Act, big spending never happened in the first place.

The real story is clear enough in the graphic below, from the Bureau of Labor Statistics, representing the total number of jobs in the USA month by month, in thousands.


The bottom falls out of employment beginning in August 2008, high-lighted in red, 460,000 jobs disappear between August and September, and  month after month 550,000 jobs vanish between September and October, then 720,000, then 670,000, and so on until November and December 2009, when the bleeding finally stops, and very modest growth ensues.

This is the story Democrats should have been telling over and over and over and over, on every talk-show and at every press conference. Bush/Cheney cut the throat of the American economy, Obama’s stimulus stopped the bleeding, and now we need another transfusion.

But Obama pretended that his original stimulus was just exactly right, and now Democrats don’t have a story to tell.

90 Second Summary: FDA Food Safety Modernization Act

For Episode 7, we look ahead to next month’s lame duck session and preview a bill likely to be examined in the Senate in the first week back. The “food safety bill” enjoys strong bipartisan support and is likely to receive over 90 Senate votes if it gets that far, but is being blocked from consideration by Sen. Coburn for budgetary reasons.

Its fate at this point will be determined almost entirely by the amount of floor time Democratic leaders are willing to spend on it. But in case you’d like to nudge them one way or the other and want to learn more beforehand, here’s the skinny on S. 510, The FDA Food Safety Modernization Act.

One-page summary below the fold…