SAN DIEGO (AP) — A federal judge issued a worldwide injunction Tuesday immediately stopping enforcement of the military's "don't ask, don't tell" policy, suspending the 17-year-old ban on openly gay U.S. troops.Read the rest here.
U.S. District Judge Virginia Phillips' landmark ruling also ordered the government to suspend and discontinue all pending discharge proceedings and investigations under the policy.
U.S. Department of Justice attorneys have 60 days to appeal. Pentagon and Department of Justice officials said they are reviewing the case and had no immediate comment.
This is breaking news. As such the above text which is from the wire service AP is likely to change on the linked site.
6 comments:
How does a Federal civil court have jurisdiction? The military has its own court system, does it not?
The military court system's jurisdiction is mostly limited to criminal offenses under the UCMJ (Title X USC). I am guessing this is being pursued as a Federal Civil Rights case. That said I would argue that court has no jurisdiction because Article I sec 8 gives near carte blanche authority to Congress to regulate the Armed Forces.
The end result will be a federal military about as effective as the Dutch. Not necessarily a bad thing.
The end result will be a federal military about as effective as the Dutch. Not necessarily a bad thing.
As long as we don't have somebody with a funny mustache and a bad comb-over for a neighbor...
if, this is declared unconstitutional do the men & women who already have been discharged have grounds to sue?
As long as we don't have somebody with a funny mustache and a bad comb-over for a neighbor...
This gives me an idea for my own 'Downfall' parody.
"The mustache was a common style of the time! It was a PART, not a comb-over!"
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