Don’t Ask Don’t Tell In Armed Service Maintained By SCOTUS

The highest court within the land has ruled that “Don't Ask, Don't Tell” (DADT) will persist, as additional review is necessary to assess constitutionality. Justice Elena Kagan, a noted opponent of Don't Ask Don't Tell, was recused from the SCOTUS decision of her own accord. The 1993 law that bars homosexuals from serving openly in the armed forces will remain in effect until at least March unless Congress repeals Don't Ask Don't Tell, which is considered unlikely.

DADT still being looked at

Waiting until March will probably be what Congress does although it can repeal DADT before then. In late Feb or early March, DADT could be visited again unless congress says otherwise considering the Ninth Circuit Court’s review of the repeal of DADT by a federal judge could be reviewed then. Lifting a Circuit Court stay of the decision to ban “Don’t Ask, Don’t Tell” that a federal judge decided had been what the gay rights group was trying to do when the court denied it. Another request to stop the Pentagon from discharging until then was denied along with this policy until March at the very least.

Disqualifying Justice Kagen

The lack of participation by Justice Elena Kagan was decided upon by Justice herself. Kagan's opposition stance on “Don't Ask, Don't Tell” while at Harvard - as well as actions she took against “Don't Ask, Don't Tell” when serving as U.S. Solicitor General - led her to recues herself so that impartiality would be maintained in the Supreme Court's decision.

President Obama explains DADT needs to be left along

The SCOTUS blog explains the DADT is something the Obama administration hopes will be left in place. The president's argument centers on recent changes in the Pentagon's discharge policy. MSNBC host Rachel Maddow that who is gay friendly is one of the lots of people who have explained that granting “greater protection” to gays in the military isn’t actually what it will do. The policy change doesn't stop the discharges, it simply calls for that discharge decisions come from the highest levels of command.

Articles cited

Scotus Blog

scotusblog.com/2010/11/new-plea-to-end-military-gay-ban/

Rachel Maddow pops the cork prematurely

youtube.com/watch?v=i2ep6if_GLY