Administration expected to appeal 'don't ask' ruling

[WestVirginiaRebel]

Washington Post:

The effort to repeal the law barring gay men and lesbians from serving openly in the U.S. military is nearing a chaotic endgame involving fast-moving courts, a slow-moving military, a lame-duck Congress and an administration increasingly caught in the middle.

When the dust settles by the end of the year, the military's "don't ask, don't tell" policy could be history - or it could remain on the books, with a new right-leaning Congress disinclined to do anything about it.

The Obama administration, which is seeking a repeal of the law, nevertheless is expected to appeal a ruling by a California federal judge who declared the policy unconstitutional. The administration is also expected to seek a stay of the judge's injunction Tuesday ordering the military to immediately stop enforcing the ban worldwide.

The Justice Department is generally required to uphold existing law and is expected to appeal rulings even when the president might agree with them. But Walter Dellinger, who was solicitor general in the Clinton administration, said an appeal could make clear that the president believes the law is unconstitutional, an approach President Bill Clinton took in 1996 concerning a law that would have required the discharge of HIV-positive service members from the military.

"I think this is the answer," Dellinger said, noting that it would be politically untenable to allow a single district judge to set law for the country in a case that the Supreme Court has not heard. "Let the courts decide, but tell them what you think."
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The Obama administration versus an activist judge?