Alabama Right News: Obama has federal judge overturn 'Don't Ask, Don't Tell'

Friday, September 10, 2010

Obama has federal judge overturn 'Don't Ask, Don't Tell'

This is becoming a pattern for our ruling class. If they can't get their agenda through Congress they will do it unconstitutionally through federal agencies. If that can't be done, then they will ram it through via activist judges that they appoint. Such is the case with the military's "don't ask, don't tell" policy. Obama promised to overturn it but it became a political hot potato for him. The military certainly wasn't going to change it. So Obama had a federal judge of the ruling class overturn it for him? How did he do that since the branches are supposed to be separate? Easy - refuse to defend it. From Ben Smith's blog via memeorandum: Federal judge overturns 'Don't Ask, Don't Tell'. Here was Obama's part in the story:

"[D]efendants called no witnesses, put on no affirmative case, and only entered into evidence the legislative history of the act," she wrote.

This is the same strategy that CA AG Jerry Brown has taken in overturning the will of the people in scrapping the voter-approved Proposition 8 as I discussed yesterday: If state laws that voters approve fall in court and state officials refuse to defend it, does it make a sound? Now 'don't ask don't tell' is not a voter approved initiative, but it is approved by a majority of voters according to several polls. Thus Obama chickened out and let the judge do his work for him. You won't be surprised either that the federal judge is a Clinton appointee.

A Federal Judge in California has ruled that the ban on gays in the military violates the Constitutional rights of gay and lesbian soldiers to due process and to freedom of expression.

District Court Judge Virginia Phillips -- a Clinton appointee -- also wrote that the policy has had a "deleterious effect" on the military and issued an injunction restraining the military from enforcing the policy, though the government may appeal.

Excuse me, but do soldiers have the right of "free expression" in the military? Really? When did that happen? What we have here is a story, a repeating one, of one guy in black garb doing whatever the heck he wants. Thumbs up, or thumbs down. The tyranny of the black robe.