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 ...
Who the heck is this pissant federal judge?
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).
“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.
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.
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"
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.
Isn’t this old news from a few weeks ago?
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"
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.
In the words of our last good president (Andrew Jackson): “They’ve made their decision... now let them enforce it!”
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"
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
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.”
Thank you!
And this judge is just off then.
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.
-PJ
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 ?
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?
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”?
“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?
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