• May 26, 2012
SISSIES

October 20, 2010

Dainty Obama Administration Won’t Let DADT Meet Its End In Court

by Jack Stuef  

I'm gonna make a change / For once in my life / It's gonna feel real good / Gonna make a difference / Gonna make it right. / Or not.Look, you guys, the Obama administration really wants to end Don’t Ask, Don’t Tell! They are totally with you on that! But because they are very fussy and have to have just the perfect little bow to tie on the end of this intolerance, you’re going to have to let them do it their way. Yes, it will be cool when a whole other sexuality gets to have the patriot experience of blowing up Afghans’ heads with awesome explosions, high-fiving their comrades, and doing a tequila shot for every kill shot. BLOWING STUFF UP WITH HUGE WEAPONS IS PRETTY MUCH THE WHOLE POINT OF HAVING A FEDERAL GOVERNMENT. But the Obama administration will not let DADT be overturned the fast and dirty and ballsy way, in the courts, because it’s not nice and neat and pretty. So they are now fighting the judicial system for doing this.

The Justice Department is asking a federal appeals court to lift a moratorium on the military’s “don’t ask, don’t tell” by the end of today, once again arguing that the injunction jeopardizes an ongoing Pentagon review of how to end the ban on openly gay and lesbian service members. [...]

In court papers, the Justice Department said Phillips’s injunction “is at odds with basic principles of judicial restraint” because it blocks the Pentagon from enforcing the gay ban across the military and not just among members of the Log Cabin Republicans, the group that filed suit challenging the constitutionality of the law.

Just to be clear: Yes, the Log Cabin Republicans are in favor of ending DADT now; the Obama administration is not.

The appeal for a stay of Phillips’s injunction is meant as a stop-gap while the Justice Department prepares to appeal the judge’s September ruling that “don’t ask” is unconstitutional. The government is appealing the law despite President Obama’s stated opposition to the 17-year gay ban. Obama has urged Congress to repeal the law through legislation.

Civil rights, eventually. Justice at some point. Cool missiles exploded by gay soldiers as soon as the Pentagon finishes trying on all its different outfits in front of the mirror. [WP]

{ 81 comments }

Lucidamente1 October 20, 2010 at 3:12 pm

When I read "Log Cabin Republicans" and "judicial restraint" in the same sentence, I wet myself.

Radiotherapy October 20, 2010 at 3:40 pm

I get all syrupy.

CapnFatback October 20, 2010 at 3:42 pm

Me, I get in a "fast and dirty and ballsy way."

Extemporanus October 20, 2010 at 4:22 pm

Stop waffling.

BaldarTFlagass October 20, 2010 at 3:13 pm

What is this, Bizarro World? Fucking President Mxyzptlk!!

metamarcisf October 20, 2010 at 3:35 pm

We just have to get him to say: Kltpzyxm.

SmutBoffin October 20, 2010 at 3:40 pm

There is some old saying that says something about 'politics' and 'bedfellows'. I don't remember it right now, but I am sure Rick Sanchez will twitter it sometime soon.

GOPCrusher October 20, 2010 at 4:00 pm

Read an article this weekend, that Obama and Holder will not be happy if marijuana is legalized in California on Nov. 2nd and the first thing I thought was WTF?

BerkeleyBear October 20, 2010 at 4:06 pm

Hey, at least they aren't using the DEA as their personal security force to make sure Granny can't get her medicinal pot, as Ashcroft did. It's all politics, unfortunately.

Katydid October 20, 2010 at 3:14 pm

Just to be clear, the Log Cabin Republicans are only for equal rights that affect them. They're still Republicans.

Come here a minute October 20, 2010 at 3:24 pm

They're so gay.

And by gay, I mean jerks.

PresBeeblebrox October 20, 2010 at 3:38 pm

Kind of like Jon Stewart's line that conservatives are in favor of big government when it's shit they want.

horsedreamer_1 October 20, 2010 at 10:07 pm

They are only rugged individualists when they're barebacking it.

bumfug October 20, 2010 at 3:14 pm

Well, shit, wouldn't want direct, effective action to interfere with your fucking review.

Fred_Wertham_Jr October 20, 2010 at 3:15 pm

That pic needs to be Magritte-ified.

Extemporanus October 20, 2010 at 3:43 pm

Dude, weren't you paying attention during the 2008 presidential primaries?

Barack Obama may be an "Invisible Man", but he sure as hell ain't no bowler.

Rosie_Scenario October 20, 2010 at 3:16 pm

We need zombie Harry Truman to issue an Executive Order. That's what it took to desegregate the military. What ever happened to a snappy salute and "Yes, sir."

BaldarTFlagass October 20, 2010 at 3:26 pm

Harry was too much of a badass to say "no" to; just ask the Hiroshimites and Nagasakians.

DashboardBuddha October 20, 2010 at 3:26 pm

I like a snappy fedora…wait…wrong topic. Sorry

freakishlywrong October 20, 2010 at 3:17 pm

Dems couldn't repeal this shit when they had a majority. So, stall this until you have a rabid, bigoted teabag Republican majority? FTW.

the_onceler October 20, 2010 at 3:22 pm

yeah, they only had a 59-40 advantage in the Senate. what do you expect from them?

JMPEsq October 20, 2010 at 3:29 pm

Now, many of the Senate Republicans like John McCain will vote against DADT once the military has finished another study of the possible impact of repeal, and a review of the study, and an analysis of the methodology of the review, and then another study, and a second opinion to be sure, and review from outside analysts, and a study of foreign governments' opinions, and a poll of all officers, and one of retired officers, one of current enlistees, and veterans, and and and…

elviouslyqueer October 20, 2010 at 3:38 pm

Well, at least this gives Barry the chance to say, post hoc, "Sorry gays, but hey, I tried to do the whole Constitutionally-mandated three branches of government thing, only Congress was the one who really let you down and not me." Amirite?

SayItWithWookies October 20, 2010 at 3:19 pm

No, no! DADT is too young to be swept aside by the relentless tide of judicial review — and really, our unprecedentedly bipartisan Congress was on the very cusp of replacing it with some sort of intricately fucked-up nuanced compromise that would've probably made it more difficult for gays to enjoy the very freedoms that they're defending — or would be defending if it weren't illegal for them to.
Nevertheless, a begrudging hooray to the Log Cabin Republicans for using the courts (which they supposedly hate doing, right?) to change an established injustice.

mrblifil October 20, 2010 at 3:21 pm

I thought "Will and Grace" cured this kind of thinking.

Boredw/Gravity October 20, 2010 at 3:22 pm

Yeah, Congress will jump right on that legislation. Especially the much-predicted upcoming Repubilcan/Teabag majority. Yeah, they luvs them some geys.

natoslug October 20, 2010 at 3:23 pm

Repeal DADT! Support the right to bear arms and for armed bears. And twinks.

WALLYPIP October 20, 2010 at 3:24 pm

The administration's posture here is a real reacharound.

BaldarTFlagass October 20, 2010 at 3:24 pm

Alt alt.text: "I'm a driver, I'm a winner; things are gonna change, I can feel it."

JMPEsq October 20, 2010 at 3:26 pm

Now that we a post from actually attacking Obama, because with this he actually deserves it as he has with DADT for quite some time, countdown to thx1138 anger in 5, 4, 3, 2…

Jukesgrrl October 20, 2010 at 3:27 pm

I would have voted for any Democratic ticket over McCain/Palin, but I chose Obama over Hillary Clinton in the primary for four reasons. Obama voted against the war in Iraq. I disapproved of Clinton's connection to the DLC. I felt she was too tight with Rahm Emanuel, whom I despise. And I believed a completely clean slate in the White House was the way to go.

Thanks, Jack, for reminding me — yet again — that I should have stuck with the grrl.

Moonbat October 20, 2010 at 4:33 pm

Yes, because Clinton would've faced a totally different set of circumstances, and it's just out of fucking pique that Obama can't do whatever the hell he damn well pleases! I'm sure things would be totally different with Clinton in the White House.

For example, the curtains in the Oval Office would be blue now.

JMPEsq October 20, 2010 at 4:34 pm

Things would be very different; instead of a movement of crazed moronic wingnuts who often make their thinly-veiled racism overt, we'd have a movement of crazed moronic wingnuts who often make their thinly-veiled sexism overt.

chicken_thief October 20, 2010 at 5:49 pm

Something in the White House would be blew again…

Chet Kincaid October 21, 2010 at 1:00 am

And what are all the magical things that Clinton would have accomplished by now that Obama hasn't, if it were even possible for her to win that election? Or is it just about supporting the grrl?

problemwithcaring October 21, 2010 at 2:02 pm

Yea, Hilary would have ended at least one "ism" by now. Cankelism?

Toomush_Infer October 20, 2010 at 3:30 pm

I'm changing my mind on this whole thing….it's the metaphor….bringing gay sex into issues of macho blowing shit up and subduing submissive populaces just confuses things too much…no wonder Obama is in Bizarro World…it would just obfuscate the closing credits of Dr. No…. If you gay folks want to fight, start your own damn military….

Lucidamente1 October 20, 2010 at 3:34 pm
elviouslyqueer October 20, 2010 at 3:43 pm

Hilarious, but I imagine more like this.

Toomush_Infer October 20, 2010 at 3:52 pm

That was great…I'd forgotten it…..actually, I just want to know, whatever happened to Don't Ask, Don't Go…. guess it went out with the lottery, huh…?

GuyClinch October 20, 2010 at 3:31 pm

I remember that California (in the person of Schwarzenegger, no less) refused to defend Prop 8, so instead some vile "family values" group defended it for them. And lost, of course. Why can't Obama let Tony Perkins or Gary Bauer or similar gnome defend DADT in the courts? There's some serious dissonance going on there at DOJ.

BerkeleyBear October 20, 2010 at 4:11 pm

It has to do with the way the AG is viewed historically as repping not just the personal agenda of the President (that's the WH counsel's job) but the nation as a whole. If Holder doesn't do it, he runs the risk of Congress appointing their own counsel on all kinds of shit. They've tried it before, and once the GOP has either House they'll try again, but at least this way Holder can fight it on the record.

BTW, he's still pretty much tanking it in the briefs – they aren't what you'd call impassioned defenses of the policy.

In Cali, the issue of the anti-8 group's ability to have standing on appeal is still unresolved. Jerry and Arnold participated as required but didn't appeal.

GuyClinch October 20, 2010 at 4:15 pm

Thank you, Mr/Ms Bear, for the edification.

4tehlulz_lite October 20, 2010 at 4:20 pm

So in sum, he's getting crucified for taking the least-shitty option.

Moonbat October 20, 2010 at 4:30 pm

By now, he's probably used to it.

Well, expects it, at least.

DemonicRage October 20, 2010 at 3:32 pm

Oh yes. Wait to repeal it via the correct method of repeal. We don't want to ruffle the feathers for people who would never vote for anything Democratic—not ANYTHING AT ALL. So please, let's cater to the tender feelings of these people.

JMPEsq October 20, 2010 at 4:04 pm

My charitable view is that maybe the administration actually believes the argument that the angry fundies are mad about, for example, Roe v Wade or the state marriage equality rulings because they legalized abortion and gay marriage judicially instead legislatively, and wouldn't be so opposed had they passed democratically.

Their reactions in states (and DC) that have legalized marriage legislatively, or tried to, proves that no they only care about the results and the argument is bullshit, and really he should know better.

freakishlywrong October 20, 2010 at 3:35 pm

Lame duck session is lame.

SayItWithWookies October 20, 2010 at 3:40 pm

All would be forgiven if this administration only conducted some war crimes tribunals. In light of which, I believe crying-in-my-beer hour will start a tad early today.

HobbesEvilTwin October 20, 2010 at 3:46 pm

good thing to see the Obama DOJ concentrating on the important issues. Don't ask about looking backward; Don't tell about all the war crimes of the last administration.

bitchincamaro2 October 20, 2010 at 3:47 pm

Ted Olson will soon be making the argument that Obama should have been making all along: DADT is onerous and unconstitutional; get rid of it immediately. I never thought I'd see the day.

Wadisay October 20, 2010 at 3:48 pm

I for one am going to put the most charitable possible construction possible on this: The Obama administration is cravenly pandering to homophobes, but only until the election, after which it will crawl out of the puddle of its own excrement in which it is sitting, rocking, knees drawn up to its chin, and do something bold and forthright about this, like accidently-on-purpose missing a court deadline for getting a brief in, thereby defaulting the case.

OCKerouac October 20, 2010 at 4:25 pm

That *might* be what happens here. I'm sure the election is a factor, but it still seems Obama would rather not have his name on this, which is a shame. If I were president, I would be making sure everyone in this country knew for damn sure that *I* was the person who stopped out this particular injustice.

I would also issue mandatory truck nutz for every vehicle and make Wednesdays 'come to work naked' day. Let's make 'hump day' really MEAN something!

HistoriCat October 20, 2010 at 4:40 pm

You obviously haven't worked at some of the places I have …

BarryOPotter October 20, 2010 at 5:19 pm

Or he drinks a lot….

realmurkin October 20, 2010 at 5:47 pm

Yeah, 'come to work naked' day at my work would quickly become 'gouge my eyes out day'… like within 5 minutes.

chicken_thief October 20, 2010 at 5:58 pm

It could be that the Dems, in general, want to hold off until after the election. They are taking enough bashing with the TP/Rethug mantra of "Obama/Reid/Pelosi ramming shit down our throat" to tackle DADT right now. Any Blue Dog Dem up for reelection would certainly run away from the issue and hate Obama for tying it to them.

Radiotherapy October 20, 2010 at 3:48 pm

This isn't very well choreographed, is it?

Mort_Sinclair October 20, 2010 at 4:08 pm

Needs a whole lot more Tommy Tune, I think.

Mort_Sinclair October 20, 2010 at 3:56 pm

It's shit like this that makes me want to strangle somebody. Obama, you're killing me, KILLING ME! Grow. A. Fucking. Spine. Please? Who gives a rat's ass what the fucking military thinks? Let me tell you something. I did the military thing. A bigger collection of ignorant, superstitious, redneck male homophobes cannot be found on the planet. You're never going to get them to do the right thing until you shove it, rather metaphorically, down their throats. They didn't want to shower with black guys either, way back when. Remember? Shit for brains.

snicker snack October 20, 2010 at 8:30 pm

this whole black guy, shoving down the throat thing is getting me a little tingly. And I'm not even a republican.

SudsMckenzie October 20, 2010 at 3:57 pm

log me in

Extemporanus October 20, 2010 at 3:58 pm

By the way, who the fuck bogarted Al Giordano's last nug?! I only got to hit that shit like twice before it was like totally gone, dude!

So not cool…

SudsMcKenzie October 20, 2010 at 4:00 pm

"I'm Good enough, I'm Hopey enough, and Dog-gone it I have a 47% approval rating.

axmxz October 20, 2010 at 4:00 pm

Well, yes, but doesn't one need to wait to take action against a policy until the whole process is complete?

4tehlulz_lite October 20, 2010 at 4:10 pm

Except this was a District Judge. This is the first time I've heard of a district judge asserting global jurisdiction.

OCKerouac October 20, 2010 at 4:16 pm

I get where you're coming from, but that's BS. Obama is a politician, and a pretty centrist one at that. There are very few things he wants to 'own' and left-leaning issues are NEVER going to make that list.

He'll go out on a limb to give a bunch of money to the banks, because ultimately those are the people who are getting him elected. When it comes to social issues, he's going to do what EVERY centrist politician does. Scratch his head and say 'Gee, I wish someone would fix this.' and then look shiftily around the room for someone other than him to solve the problem.

Obama is just proving to be the disappointment I knew he would be when I voted for him. At least he's not WALNUTS!

Steverino247 October 20, 2010 at 4:19 pm

DADT is a complete joke. Everybody knows who's who based on the usual stereotypes. For example, there are straight male nurses, but that's not the way to bet. President Obama should have pulled a Truman and nuked Texas twice.

Mort_Sinclair October 20, 2010 at 5:54 pm

And as a straight female, I can tell you that the ratio approached 60:40 straight:lesbian when I was in the Army showers from 1988 to 1994. We all knew who was who and guess what? It didn't freakin' matter.

johnnymeatworth October 20, 2010 at 4:25 pm

as always, remember Bill Hicks: "ANYONE dumb enough to want to join the Army should be allowed in…."

hagajim October 20, 2010 at 4:32 pm

I think Barry just wants a chance to do something else that will piss the tea baggers off so that he can really get them fired up for 2012

Beetagger October 20, 2010 at 4:40 pm

Why anyone, gay or straight, would want to join today's military is beyond me. Unless it's for the uniforms. They're fab!

DCHatesMe October 20, 2010 at 5:34 pm

Stuff Bob Gates controls:
The Military
The President
The Congress

Stuff Bob Gates doesn't control:
The Courts
The Press

June_Cleaver2.0 October 20, 2010 at 5:34 pm

That makes sense, but you're talking about teabaggers, who make no sense, whose (hole? card, sorry, I don't play cards) is to make no sense. Obama is going to get his ass impeached by the House. And it's going to be something nonsensical and totally made up.

Mort_Sinclair October 20, 2010 at 5:48 pm

(Grudgingly) Thanks for that. I hate it when information grounded in reality gets in the way of my Bernhardtian rants.

snoopyfan2010 October 20, 2010 at 7:35 pm

I think you're right. And if he does it the right way, it would be harder to overturn.

thx11380 October 20, 2010 at 9:06 pm

Ah yes, more textbook Obama bashing from hatey the clown Jack Stuef.

fuflans October 20, 2010 at 9:55 pm

mirror in the bathroom.

horsedreamer_1 October 20, 2010 at 10:12 pm

Even blind squirrels find a nut.

& word to the wise: had a friend in college, arch-Republican (Alan Keyes for Prexy campaign volunteer — twice!), that suddenly, unexpectedly became a LIEbrul once he turned gay.

I think there's a lesson in that for the LCR.

horsedreamer_1 October 20, 2010 at 10:14 pm

I still think impeachment will hinge on the handling of the Shirley Sherrod firing.

#giveemenoughrope #theyllhangthemselves

horsedreamer_1 October 20, 2010 at 10:15 pm

The OathKeepers's latent homosexuality doesn't know what to think.

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