“must be immediately lifted now that the Obama administration says its 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.
What about transvestites serving in the military?
Next in line.
It only makes sense if you're a Marxist.
>>> Now Im not a lawyer and I didnt stay at a Holiday Inn last night, but this doesnt 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.