Friday, October 15, 2010

The Case for the Justice department Appealing the DADT strike down

So I'll be the first to admit that when I first heard about the verdict ruling DADT unconstitutional, I thought that Justice should abandon tradition and let it stand.  Then last night on Rachel Maddow I heard a very good case for why they SHOULD appeal it, and I have to convinced me.

Basically, the argument goes that by setting the precedent of allowing the lower court to over turn it without pro-forma appeal then it would encourage some right wing loon to shop around something they didn't like, such as health care reform, till they found a judge who would rule it unconstitutional when another Republican becomes president.  Having the justice department move the case up to the supreme court for a definitive ruling will keep congress from reinstating the ban or something similar and will provide a deterent for future conserva-nuts.  Now if, when they defend it, Justice doesn't just come out and say that they think its unconstitutional and that all they are doing is appealing pro-forma then I will be royally pissed.

1 comment:

  1. I saw that, too, and it did talk me off the proverbial ledge. It still sucks, though; if you want the damn law ended, end it. This whole "Let Congress repeal it" garbage didn't work.