DOJ Expected to Appeal DADT Ruling
BY Advocate.com Editors
October 14 2010 8:55 AM ET
The Department of Justice is expected to appeal a ruling from a federal judge in California barring the enforcement of the “don’t ask, don’t tell” policy.
According to The Washington Post, “The Obama administration, which is seeking a repeal of the law, nevertheless is expected to appeal a ruling by a California federal judge who declared the policy unconstitutional. The administration is also expected to seek a stay of the judge's injunction Tuesday ordering the military to immediately stop enforcing the ban worldwide.”
The Post reports that the administration could use the appeal to express its opposition to “don’t ask, don’t tell.”
“The Justice Department is generally required to uphold existing law and is expected to appeal rulings even when the president might agree with them,” according to the Post. “But Walter Dellinger, who was solicitor general in the Clinton administration, said an appeal could make clear that the president believes the law is unconstitutional, an approach President Bill Clinton took in 1996 concerning a law that would have required the discharge of HIV-positive service members from the military.”
An effort to repeal “don’t ask, don’t tell” in the senate failed last month. Aides to senate leaders said this week it remains unclear when the senate might reconsider the defense authorization bill that houses repeal.