s skippy the bush kangaroo: don't ask, don't act like a hypocrite

skippy the bush kangaroo



Thursday, October 21, 2010

don't ask, don't act like a hypocrite

oddly enough, we are agreeing w/ted olson, of all people. he's the guy who lead the legal charge against prop. 8 in california (also he's the former bush admin. solicitor general).

ted thinks the obama admin. doesn't have to appeal the injunction against don't ask, don't tell:
the administration's handling of the case has angered critics on both sides of the issue. gay rights advocates, infuriated by what they see as hypocrisy, and some legal scholars, insist the "duty to defend" has already been fulfilled and that there is ample precedent for the administration to let judge phillips' decision stand. meanwhile, supporters of the law say the administration's invocation of their "duty" is a smokescreen for a halfhearted defense.

"it happens every once in awhile at the federal level when the solicitor general, on behalf of the u.s., will confess error or decline to defend a law," said former george w. bush administration solicitor general ted olson, who is leading the legal challenge of california's ban on same-sex marriage. gov. arnold schwarzenegger and the state attorney general have both declined to defend the law in court.

"i don't know what is going through the [obama] administration's thought process on 'don't ask, don't tell,'" olson said. "it would be appropriate for them to say 'the law has been deemed unconstitutional, we are not going to seek further review of that.'"
other legal experts agree:
"it is true the optimal situation would be for congress to repeal 'don't ask, don't tell' and not rely on courts," conceded aaron belkin, director of the university of california'spalm center, a research institute which supports repeal. "but there is so much pressure to let this [court ruling] stand because congress is going to have a difficult time" enacting a repeal…

[district court judge virginia] phillips' ruling in "don't ask, don't tell" follows a decision by federal district judge joseph tauro who separately ruled this year that the defense of marriage act "plainly encroaches" on the right of the state to determine marriage." the administration has also appealed the decision in that case.

"they are not obligated to defend," said belkin of the cases. "they already defended and failed."
we still as confused as ever by obama's namby-pamby waffling on this subject (as well as, oh, we don't know, every other policy that has come across his desk).
posted by skippy at 10:07 AM |

2 Comments:

Heard Eric Pooley, author of The Climate Wars, and Seymour Hersh talk today at two separate events, one of the benefits of living near Harvard. Both said that Obama didn't lead. Pooley said he never led on climate change and Hersh said he never led on Afghanistan. Obama doesn't lead, doesn't know how to negotiate, and seeks cooperation with parties that betray all good faith gestures (Republicans, BP, the banksters...) Another avuncular figurehead evidently.
commented by Blogger gmoke, 10:54 PM PDT  
I agree with Gore Vidal, who said last week "Obama is out of his depth" and completely ineffectual.

It'll be a cold day in hell before I'll vote for him again. If Hillary doesn't run in 2012, I'll stay home.
commented by Anonymous Leo Sigh, 2:21 AM PDT  

Add a comment