Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

In reversal, federal court orders immediate end to Ďdonít ask, donít tellí policy(9th U.S. Circuit)
The Washington Post ^ | 07/06/11 | Associated Press

Posted on 07/06/2011 1:10:04 PM PDT by fwdude

By Associated Press, Updated: Wednesday, July 6, 2:34 PM

SAN FRANCISCO — A federal appeals court has barred further enforcement of the U.S. military’s ban on openly gay service members.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco said Wednesday the “don’t ask, don’t tell” policy must be immediately lifted now that the Obama administration says it’s unconstitutional to treat gay Americans differently under the law.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Breaking News; Business/Economy; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 9thcircus; bhodod; dadt; dontaskdonttell; duncanhunter; fdrq; homosexualagenda; lawsuit; military; ruling
The ramped up assault continues unabated, even with the barbarians advancing. Will the Obamanation appeal this pending the full lifting of the ban, or will he let it stand?
1 posted on 07/06/2011 1:10:09 PM PDT by fwdude
[ Post Reply | Private Reply | View Replies]

To: fwdude

Thanks Obama, but only the Supreme Court can say it is unconstitutional.


2 posted on 07/06/2011 1:14:05 PM PDT by kik5150
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

“A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco...”

:::::::::::::::::::

Did you have to read any more than this? The Obama vote-building machine continues to crank.


3 posted on 07/06/2011 1:15:17 PM PDT by EagleUSA
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

“must be immediately lifted now that the Obama administration says it’s unconstitutional to treat gay Americans differently under the law.”

Now I’m not a lawyer and I didn’t stay at a Holiday Inn last night, but this doesn’t make sense.


4 posted on 07/06/2011 1:17:08 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kik5150

That’s what I thought, but bam doesn’t care what the Supreme Court thinks. HE thinks they are under his command to do his bidding. He needs a severe rebuke and a hell of a slap in the face before he gets it. If it is not forthcoming, we have no place to turn anymore and are now under the yoke of all out tyranny.


5 posted on 07/06/2011 1:19:09 PM PDT by MestaMachine (Sarah Palin is the mirror by which evil reflects back upon itself until consumed out of existence)
[ Post Reply | Private Reply | To 2 | View Replies]

To: driftdiver

What about transvestites serving in the military?


6 posted on 07/06/2011 1:21:14 PM PDT by vox_freedom
[ Post Reply | Private Reply | To 4 | View Replies]

To: kik5150

No s—t! And only the Ninth Circuit court justices could get their individual heads so firmly implanted on that issue.


7 posted on 07/06/2011 1:21:14 PM PDT by DoughtyOne (Muslim Brotherhood (renames itself) the Liberty and Justice Party. NOT A JOKE.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: driftdiver
“must be immediately lifted now that the Obama administration says it’s unconstitutional to treat [gay] bestiophile Americans differently under the law.”

Next in line.

8 posted on 07/06/2011 1:25:23 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
[ Post Reply | Private Reply | To 4 | View Replies]

To: fwdude

Does a federal court have any authority over the policies of the US military?


9 posted on 07/06/2011 1:26:31 PM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude; All

anyone watch Frontline last night?? i never watch it but was flipping through the channels and saw it was about the wikileaks and stopped for a minute- which turned into a half hour....

thehy went through the history of the downloading of confidential material by daniel manning and one theme rang through the entire episode- manning was downloading the info because he was angry he had been jilted by his gay friend, not in the military, and wanted to do something “huge”...the majority of the theft by manning happened after he found out on facebook his man-lover had jilted him- he was nothing more than an angry homo...

why bring this up? all i could think about was the repeal of DADT and the cause of manning’s actions as i watched last night...


10 posted on 07/06/2011 1:29:33 PM PDT by God luvs America (63.5million pay no federal income tax then vote demoKrat)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver
Now I’m not a lawyer and I didn’t stay at a Holiday Inn last night, but this doesn’t make sense.

It only makes sense if you're a Marxist.

11 posted on 07/06/2011 1:30:07 PM PDT by fwdude (Prosser wins, Goonions lose.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: fwdude
federal court orders immediate end to ‘don’t ask, don’t tell’ policy(9th U.S. Circuit)

Or what?

12 posted on 07/06/2011 1:31:08 PM PDT by Post5203 (Our political class have sullied a good man's name...Washington)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

(lisp) Sssssurprise!(/lisp)

The 9th circuit court? This verdict is about the only thing nowadays that is totally “expected”.


13 posted on 07/06/2011 1:33:14 PM PDT by liberalh8ter
[ Post Reply | Private Reply | To 1 | View Replies]

To: EagleUSA
So the 9th U.S. Circus Court of Schlemiels actually thinks they can enforce a ruling which is an executive function because the executive branch usurps the authority of a judiciary function in declaring constitutionality?

If congress had any balls, they would redraw the 9th Circus to limit their jurisdiction to the San Fransicko Bay Area or, better yet, Alcatraz Island.

14 posted on 07/06/2011 1:33:53 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
[ Post Reply | Private Reply | To 3 | View Replies]

To: fwdude

this is actually encouraging; the 9th circuit is reversed more than any federal court in the land.


15 posted on 07/06/2011 1:34:34 PM PDT by JohnBrowdie (http://forum.stink-eye.net)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

If they cannot use DADT they must revert to the prior, in the abcense of a new reg.


16 posted on 07/06/2011 1:35:12 PM PDT by steve8714
[ Post Reply | Private Reply | To 1 | View Replies]

To: EagleUSA

Exactly. As soon as I saw “9th Circuit” I knew it wasn’t going to be good news.


17 posted on 07/06/2011 1:35:29 PM PDT by Scutter
[ Post Reply | Private Reply | To 3 | View Replies]

To: driftdiver
This explains it all very clearly:

18 posted on 07/06/2011 1:36:02 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
[ Post Reply | Private Reply | To 4 | View Replies]

To: fwdude

A later conservative president may state that the violation of the will of the people by a court forcing gay marriage is unconstitutional. Somehow, I don’t think at that time the 9th will give deference to the authority of the President to declare something unconstitutional.


19 posted on 07/06/2011 1:36:38 PM PDT by antiRepublicrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: Durus

No it doesn’t.


20 posted on 07/06/2011 1:38:44 PM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: fwdude

Yes, the most over-turned circuit in the country, stumbles into another bunch of left-wing crap.


21 posted on 07/06/2011 1:39:17 PM PDT by Deb (Beat him, strip him and bring him to my tent!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

I don’t get it
It WAS repealed and the military is working to make sure it is repealed but the military said it would take time
so it has been what? 2 mons but the Homo 9th court thinks that isn’t fast enough?


22 posted on 07/06/2011 1:41:45 PM PDT by RWGinger
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWGinger
... thinks that isn’t fast enough?

Hey, cut 'em some slack -- the guys on the court wanted to get home to their boyfriends.

23 posted on 07/06/2011 1:52:55 PM PDT by ken in texas (Can't Afford a Tagline... send money.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: fwdude
The ramped up assault continues unabated, even with the barbarians advancing.

Hate to tell you, but the barbarians are already running the country. A panel of them just gave this order.

24 posted on 07/06/2011 1:53:16 PM PDT by madprof98 ("moritur et ridet" - salvianus)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

because Obama passed an edict it is now law?

Judges should have to be recertified every year.


25 posted on 07/06/2011 1:54:58 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies]

To: God luvs America

Another question arises.....why (and how) did a private in the Army have access to so much sensitive classified information?


26 posted on 07/06/2011 1:56:24 PM PDT by july4thfreedomfoundation (Palin / West in 2012 or West / Palin. Either combination will serve America well.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: ken in texas

Good point
“the guys on the court wanted to get home to their boyfriends.

unless their boyfriends are on the bench with them.
ewwwww don’t sit on tha bench. :)


27 posted on 07/06/2011 1:56:24 PM PDT by RWGinger
[ Post Reply | Private Reply | To 23 | View Replies]

To: vox_freedom

Can’t wait for the pink camo uniforms too come out. Those will be just so sweet with their white tennis shoes and long ear rings.


28 posted on 07/06/2011 2:07:24 PM PDT by RetiredArmy (1 Cor. 15: 1-4; THE gospel of grace spelled out for all the lost. This is the way to Heaven.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: fwdude

Well, at least they are being honest in that they admit their analysis begins and ends with “whatever Obama tells us to do”.


29 posted on 07/06/2011 2:29:04 PM PDT by NavVet ("You Lie!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

How convenient, just as the SCOTUS starts its Summer recess.


30 posted on 07/06/2011 2:55:16 PM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 1 | View Replies]

To: RetiredArmy

Won’t last very long in a war zone, just sayin’


31 posted on 07/06/2011 3:07:25 PM PDT by vox_freedom
[ Post Reply | Private Reply | To 28 | View Replies]

To: fwdude

Devolution. And some atheists think we’re evolving into a higher species? Whatta joke.


32 posted on 07/06/2011 3:21:02 PM PDT by Recovering_Democrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude
and America takes another one in the........

33 posted on 07/06/2011 3:28:47 PM PDT by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All; fwdude

Part of my email from Family Research Council:

“Rep. Duncan Hunter (R-Calif.) has another request. Together with 31 other members, the Marine veteran has asked the President to delay the certification of the “Don’t Ask, Don’t Tell” repeal until the military has an opportunity to clear up the mass confusion sparked by the policy change.

“Merely providing ‘training and educational’ briefs to our service members is not enough to justi fy moving forward with certification when consequential policy and regulatory changes associated with implementation must be reviewed by Congress under its oversight function... It is imperative that Congress have the ability to exercise its authority...” Anything less, he writes, is irresponsible.”


34 posted on 07/06/2011 5:03:38 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

At least at my command, everyone has had mandatory DADT “repeal” training.

Just from the nature of the training, I can tell there are huge cans of worms being opened right now, if the policy isn’t reversed.

A true repeal of DADT would be a return to the days when potential recruits were asked, and an affirmative answer kept them from joining. We’re not seeing a repeal. We’re seeing a brand new policy. Using the language that it’s a “repeal” helps to create a belief that gays were always allowed into the military until Clinton instituted DADT. But that couldn’t be further from the truth. Clinton’s DADT policy was a carrot for the gays: he couldn’t actually repeal the ban on gays in the military, so he did what he could to placate the gay lobby by preventing recruiters from asking about it.

Choosing language to frame an issue to make it seem like the issue historically was the way the left wants it to be now is a favorite Orwellian tactic of the left. Those of us on the right should avoid repeating the left’s propaganda tactics.


35 posted on 07/06/2011 5:57:41 PM PDT by exDemMom (Now that I've finally accepted that I'm living a bad hair life, I'm more at peace with the world.)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #36 Removed by Moderator

To: fwdude

So here is how it goes....

-Obammy encourages lawsuits against laws he disagrees with, in courts like the 9th circus where it is sure to rule in a liberal manner...

-Obammy puts up a weak or non-defense on behalf of the government...

-Obammy refuses to challenge the 9th circus or appeal it to SCOTUS.

-ALL THE REST of us are ruled to have NO STANDING to sue because that’s the job of the executive branch.

-Obammy wins.


37 posted on 07/06/2011 7:47:34 PM PDT by Future Useless Eater (Chicago politics = corrupted capitalism = takeover by COMMUNity-ISM)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

Ever notice that almost every major abomination we’ve had to accept involves the phrase “court ordered”?


38 posted on 07/06/2011 9:58:53 PM PDT by kittycatonline.com
[ Post Reply | Private Reply | To 1 | View Replies]

To: fwdude

Well we are just gonna have to ban “Fruity People” instead.

“gay” is ok.


39 posted on 07/06/2011 10:11:36 PM PDT by mowowie
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver

>>> Now I’m not a lawyer and I didn’t stay at a Holiday Inn last night, but this doesn’t make sense.

I haven’t read the opinion and probably won’t, but my guess is it goes something along these lines.

1) The 9th Circuit has the case because the Obama DOJ appealed the ruling in October when the lower court judge invalidated DADT;

2) The Equal Protection Clause in the 14th Amendment says in part “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”;

3) Obama’s DOJ now has taken the position the DOMA is unconstitutional, making arguments against DOMA that are contrary to the arguments it made to support DADT in this case;

4) Taking judicial notice of the inconsistency the court applies Equal Protection, and rules the DADT objections waived or unsustainable.

Don’t worry. Holder will appeal this to the Supreme Court. Obama can’t take credit for an eventual DADT repeal if it’s the Log Cabin Republicans who win the case. Can’t allow that.


40 posted on 07/06/2011 11:11:57 PM PDT by tlb
[ Post Reply | Private Reply | To 4 | View Replies]

To: God luvs America
Lots of people thought the same thing about Manning.

Yet where were the Republican pundits and politicians to point out this obvious fact? I don't recall any.

41 posted on 07/07/2011 2:33:20 PM PDT by Dumb_Ox
[ Post Reply | Private Reply | To 10 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson