Saturday, November 13, 2010

DADT: The Supreme Court and the Status Quo

Navy_Nurse As expected, in a brief order on Friday the United States Supreme Court has refused to vacate the Ninth's Circuit's Stay of District Judge Virginia Phillips' injunction against enforcement of the military's "don't ask don't tell" (DADT) policy regarding "homosexuality" in the military on the grounds that it is unconstitutional.

Justice Kagan did not participate in the Supreme Court's deliberations.

Meanwhile, initial descriptions by WaPo regarding a soon-to-be released 370 page report by a Pentagon study group support a conclusion that eliminating DADT would not impede government interests:  "More than 70 percent of respondents to a survey sent to active-duty and reserve troops over the summer said the effect of repealing the "don't ask, don't tell" policy would be positive, mixed or nonexistent."  

RR

[image "Navy Nurse" circa WWII via]

http://lawprofessors.typepad.com/conlaw/2010/11/dadt-the-supreme-court-and-the-status-quo.html

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Comments

The Supreme Court of the United States has ruled that “Don't Ask, Don't Tell” (Don't Ask Don't Tell) shall be upheld pending additional review. Justice Elena Kagan, a noted anti-DADT activist during her previous tenure at Harvard University, was recused from the decision. Congress can step in (however unanticipated that might be), however it seems likely the Supreme Court of the United States decision concerning the 1993 DADT law - which bars gays from serving openly within the military - will exist in its current form until at least March.

Posted by: matthewdiego | Nov 16, 2010 8:58:10 PM

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