Obama DoJ asks judge to set aside DADT moratorium -- and the Professional Left is again supposed to eat it

As the administration continues to wage war against the Professional Left -- except for when they're begging for our money and our votes -- Conservadems fighting to save their splotchy hides continue to distance themselves as fast as their stumpy legs will carry them and as far as their spidery arms will reach. (Don't forget to click on the cartoon to enlarge it.)

by Ken

Well, it took the Obama DoJ awhile to figure out what the hell it was doing-- after all, they've had plenty of time since Judge Phillips originally ruled that "Don't Ask, Don't Tell is unconstitutional to prepare for the eventuality of the order she issued yesterday barring further enforcement of the policy, an eventuality she made clear she was giving serious consideration -- but in the end they did what we knew all along they would do.

Justice Department says 'don't ask, don't tell' ruling will harm troops

The government asks a judge to set aside her decision, though the injunction will be honored until further legal action is taken. President Obama signals that he would prefer Congress to repeal the law.

By Richard A. Serrano, Tribune Washington Bureau
October 14, 2010|5:25 p.m.

Reporting from Washington — The Justice Department asked a federal judge Thursday to set aside her decision stopping the "don't ask, don't tell" policy for gays and lesbians in the military until it can appeal the ruling, saying the decision would "irreparably harm our military and the national security of the United States."

Government lawyers told U.S. District Judge Virginia A. Phillips of Riverside that if she did not lift her order by Monday, they would ask the U.S. 9th Circuit Court of Appeals to halt it. If the appeals court in San Francisco fails to act, the government probably will ask the Supreme Court to intervene to prevent an abrupt change to the military, which says it is not yet prepared to handle the transition.

The confrontation comes at a politically awkward moment for President Obama. He opposes the "don't ask, don't tell" policy, but now — just weeks before the midterm election — risks alienating his liberal base by seeking to halt the judge's order. . .

Of course it will be explained that the federal government is obligated to defend a challenged statute as long as there's a reasonable constitutional defense to be made. But the administration will have to forgive those of us who don't believe arguing that immediate suspension of DADT "will have adverse effects on both military readiness and the department's ability to effect a smooth and lasting transition to a policy that accommodates the presence of openly gay and lesbian service members," as Undersecretary of Defense Clifford Stanley argued in his submission to the court, isn't going well above and beyond the realm of that obligation.

After all, this is the president who always claims that he unequivocally supports DADT repeal but "this is not a situation where I can, by the stroke of a pen, end this policy." I think the irony is too blatant to require underlining.

Meanwhile, it's worth noting that the Pentagon is honoring Judge Phillips' injunction. (Score one for the rule of law.) Tribune reporter Richard Serrano notes that Col. Davd Lapan said today, "The department will abide by the terms in the court's ruling, effective as of the time and date of the ruling," and it was being reported today that the JAGs of all the military services, responsible for military prosecutions, have been instructed accordingly.

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