Less than a day after the momumental court ruling invalidating the Pentagon’s infamous “Don’t Ask Don’t Tell” policy (which has resulted in a higher rate of gay and lesbian expulsions from the military than the unqualified ban on homosexuals it replaced), 19 US Senators have signed a letter urging the Obama Justice Department not to appeal the decision (ht FDL). If Attorney General Holder does not appeal to the 9th Circuit, the ruling will stand, and DADT will be expunged, once and for all – a goal President Obama has repeatedly claimed to support, but has done nothing to advance.
The signers make up an interesting (and encouraging) ideological range, from liberals like John Kerry and Barbara Boxer, to conservadem Mary Landrieu. Our own Bernie Sanders signed the letter. So did neighbors Jeanne Shaheen (NH), Kirsten Gillibrand (NY) and Chuck Schumer (NY).
So where’s Senator Leahy?
I have an email into his office, and will update with any response. Since Soapblox isn’t letting me put anything after the flip today (grrrr…), you’ll have to click here to read the full text and see the list of signers.
UPDATE: From the office of the Senator:
While heading the Judiciary Committee he has refrained from telling DOJ how to manage specific litigation and DOJ has an obligation to uphold federal law. He agrees with the District Court decision on unconstitutionality. And as you know he is an original cosponsor of the legislation to repeal DADT and supported bringing it to a vote last month, but it was blocked by a Republican filibuster.
Sounds fair enough.
he was too busy letting this stuff slide through:
https://www.eff.org/deeplinks/…
That’s a nice thought, but given how Obama has been able to waive aside that obligation when it came to investigating and prosecuting the myriad violations of federal law that took place during the Bush reign of terror, it’s perhaps a tad conveniently naive of Leahy to use that excuse here.
The DOJ understandably has limited resources and has to prioritize — and clearly, the fight against challenges to the de facto policies of the Obama administration (e.g. “we like to say that we support gays, but we don’t actually support gays” and “indefinite detention and extrajudicial killing sure come in really handy, so we’re loathe to give up those tools of the trade just because they’re illegal” etc.) takes precedent over mundane issues like violations of the Constitution etc. etc.
The Constitution is part of federal law.
The Department has an obligation to uphold the Constitution, even if that means not defending an unconstitutional statute.
Actually, the letter was initiated by Sens. Kirsten Gillibrand (D-NY) and Mark Udall (D-CO) and signed by an additional 19 senators (19 + 2 = 21). The letter was first sent in September following the Judge’s initial ruling. She then waited a few weeks to allow the government to present evidence for delaying an injunction that would prevent the Pentagon from enforcing DADT. None of the evidence the government presented was convincing, so the injunction was enacted yesterday.
I called Leahy’s office this morning to get an answer as to why his name wasn’t on the letter. Got much the same answer you did.
NanuqFC
… [T]he rights afforded every citizen under our Constitution mean nothing if we do not protect those rights — both from unjust laws and violent acts. ~ President Barack “Fierce Advocate” Obama