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Federal Judge Orders Halt to 'Don't Ask, Don't Tell' Enforcement
Fox News ^ | October 12, 2010 |

Posted on 10/12/2010 1:06:43 PM PDT by maddog55

Edited on 10/12/2010 1:19:20 PM PDT by Admin Moderator. [history]

RIVERSIDE, Calif. -- A federal judge has issued a worldwide injunction stopping enforcement of the "don't ask, don't tell" policy, ending the military's 17-year-old ban on openly gay troops.

U.S. District Judge Virginia Phillips' landmark ruling issued Tuesday was widely cheered by gay rights organizations that credited her with getting accomplished what President Obama and Washington politics could not.


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


TOPICS: Breaking News; Culture/Society; Government
KEYWORDS: homosexualagenda; sicsempertyrannis
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To: maddog55

Who the heck is this pissant federal judge?


41 posted on 10/12/2010 1:47:20 PM PDT by rawhide
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To: maddog55

Holder and Obama have stated time and time again that they will let the order stand. And, they will pass something reaffirming this during the Lame Duck session (along with increased taxes, Cap and tax, defense cuts, and card check).


42 posted on 10/12/2010 1:48:56 PM PDT by Thunder90 (Fighting for truth and the American way... http://citizensfortruthandtheamericanway.blogspot.com/)
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To: mojito

“The judicial branch has no authority to tell the armed forces, a branch of the executive, how it should maintain its esprit de corp.”

True and the military should appeal to the SCOTUS on this.


43 posted on 10/12/2010 1:49:55 PM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: maddog55

The Imperial Judiciary Strikes Again!

I’m no longer sure which branch of government is the greatest threat to our freedoms, but the Judicial branch is making a good run for it.


44 posted on 10/12/2010 1:51:28 PM PDT by JewishRighter
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To: Sacajaweau
I have a real problem with the courts having any say on how the military is run

Jimmy and Tommy had a real problem with it, too:

"The Congress shall have Power...To make Rules for the Government and Regulation of the land and naval Forces"

45 posted on 10/12/2010 1:52:05 PM PDT by Jim Noble (It's the tyranny, stupid!)
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To: maddog55

Looks like they are trying to pull the same stunt used against the California anti-homosexual marriage constitutional change by voter referendum. Get a low-ball Federal Judge to slam a ruling down and then claim that only the pro-homosexual State can appeal and no one else has standing to appeal.


46 posted on 10/12/2010 1:52:08 PM PDT by bvw
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To: maddog55

Isn’t this old news from a few weeks ago?


47 posted on 10/12/2010 1:53:05 PM PDT by fwdude (Anita Bryant was right.)
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To: Political Junkie Too
The military is clearly in the domain of the Executive Branch

Get reading lessons.

Article I, section 8: "The Congress shall have Power...To make Rules for the Government and Regulation of the land and naval Forces"

48 posted on 10/12/2010 1:54:30 PM PDT by Jim Noble (It's the tyranny, stupid!)
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To: dblshot

that is my first thought.

so by repealing DADT and adopting the myth of the “born that way” falicy, this judge has return DO ask and DO EXPEL.

seems there will be overboard accidents again like the the clinton years.


49 posted on 10/12/2010 1:58:10 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: maddog55

In the words of our last good president (Andrew Jackson): “They’ve made their decision... now let them enforce it!”


50 posted on 10/12/2010 1:58:46 PM PDT by 1_Of_We
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To: WAW
Why isn’t this solely a military court issue? Or an executive branch issue?

It is within the exclusive power of Congress.

Article I, section 8: "Congress shall have Power...To make Rules for the Government and Regulation of the land and naval Forces"

51 posted on 10/12/2010 1:58:50 PM PDT by Jim Noble (It's the tyranny, stupid!)
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To: DarthVader
True and the military should appeal to the SCOTUS on this.

I don't know about that.

Appealing the ruling just legitimizes it. People should just declare the ruling unconstitutional and ignore it.

The Supremacy Clause is clear that the Constitution trumps everything not in it. This federal court is not in the Constitution; only the power to create lower courts is given to Congress, to create as they choose.

So this lower federal court is not supreme over the Executive Branch, which gets its authority directly from the Constitution, not secondarily like this court does.

-PJ

52 posted on 10/12/2010 1:59:48 PM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: FlyVet

Elections matter...

Virginia A. Phillips
From Wikipedia, Virginia A. Phillips (born 1957) is a judge of the United States District Court for the Central District of California. She is one of approximately 35 district judges serving in this district.

Phillips was born in Orange, California. She received a B.A. from the University of California, Riverside in 1979 and a J.D. from the University of California, Berkeley, Boalt Hall School of Law in 1982. She was in private practice in Riverside, California from 1982 to 1991. She was a Commissioner for the Riverside County Superior Court from 1991 to 1995.

In 1995, Phillips became a United States magistrate judge for the Central District of California. On January 26, 1999, Phillips was nominated by President Bill Clinton to be a district judge for the Central District, a seat vacated by William M. Byrne, Jr. She was confirmed by the United States Senate on November 10, 1999, and received her commission on November 15, 1999.

On September 9, 2010, Phillips ruled that the U.S. Department of Defense’s “don’t ask, don’t tell” policy is unconstitutional in the case Log Cabin Republicans v. United States of America.[1]

On October 12th, 2010, she issued an injunction ordering the United States military to “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell”.”[2][3]

Almost immediately, the US Justice Department prepared for filing a challenge to the ruling, citing that “once again, an instance in which a federal judge has taken it upon themselves to be activists as opposed to honoring the previous and standing decisions of superior courts on like matters. In this instance, the US DOJ will pursue all measures to ensure that the standing decision of the higher court is not undermined by a few activist judges who use their positions as federal judges to legislate their specific political opinions from the bench.”


53 posted on 10/12/2010 2:01:08 PM PDT by Tulsa Ramjet ("If not now, when?" "Because it's judgment that defeats us.")
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To: Jim Noble

Thank you!

And this judge is just off then.


54 posted on 10/12/2010 2:03:35 PM PDT by WAW (Which enumerated power?)
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To: Jacquerie
She said the policy violates due process rights, freedom of speech and the right to petition the government for redress of grievances guaranteed by the First Amendment.

You see, Privaqte Ken has a free speech right to exclaim, in the foxhole, that he's a homosexual or bisexual or lesbian or transgendered, which must be protected with the full majesty and grandeur of the United States Constitution, including full due process, trials, discovery, motions, appeals, petitions, legislative hearings, investigative committees, debate on the floor of both houses of Congress, possibly a Constitutional amendment:

"A well regulated Militia, being necessary to the security of a free State, the right of the people, including members of the armed forces in theater, to bugger one another, and brag about it, shall not be infringed."

He also must not be denied the right to petition to the government to undress his grievances.

This is much more important than anything as barbaric or provincial as military effectiveness or concentrating our institutions of goverment on something so stupid and butch as trying to keep our soldiers from getting killed or, heavens!, returning victorious. DAMN ALL THESE JUDGES AND POLITICIANS TO ETERNAL SUFFERING THE VERY FIRES OF HELL FOR WASTING TIME, BLOOD AND TREASURE ON THIS UTTER STUPIDITY!!! And to the queer community: If you wanna be an out of the closet proud-as-peaches homo, go to Greenwich Village and play YMCA. If you wanna defend our country, fine. Just keep your mouth shut and focus on the mission. Anyone who feels that he/she/it can't serve this great country without letting everyone know which way they swing doesn't deserve the incredible honor of wearing the uniform.

55 posted on 10/12/2010 2:09:59 PM PDT by JewishRighter
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To: Jim Noble
I keep forgetting about that part. Still, I don't see how a lower court can overrule the Commander-In-Chief's direct authority.

-PJ

56 posted on 10/12/2010 2:11:29 PM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: maddog55

Let’s just say the MILITARY LEADERS IGNORE THE JUDGE AND *ENFORCES* ‘Don’t Ask Don’t Tell’ regardless, what happens ?

Does a civilian court have jurisdiction over the military ?


57 posted on 10/12/2010 2:13:28 PM PDT by WebFocus
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To: Jim Noble

RE: The Congress shall have Power...To make Rules for the Government and Regulation of the land and naval Forces


And apparently the courts have the power to declare the rules constitutional/unconstitutional. But that’s all.

What we have here is a Judge ORDERING the military not to enforce a rule given to it by Congress.

Isn’t the judge over-stepping his bounds?


58 posted on 10/12/2010 2:16:01 PM PDT by WebFocus
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To: maddog55

Doesn’t this really mean that now recruiters must return to the old process of asking-and the recruit must respond by telling?

Just saying....

If they can now “tell” can’t the military “ask”?


59 posted on 10/12/2010 2:17:44 PM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" (my spelling is generally korrect!))
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To: JewishRighter

“She said the policy violates due process rights, freedom of speech”

Freedom of speech? So is the right of the military to speak ill of Obama as commander in chief now up for review by this judge?


60 posted on 10/12/2010 2:19:55 PM PDT by sijay
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