Well, that was fast. Only a few weeks after Republicans stopped the repeal of “don’t ask, don’t tell,” a federal judge in San Diego overturned the policy herself.
There’s now a 60-day window for the Justice Department to file an appeal. If it doesn’t — and it is under no obligation to do so — the ruling will stand, and “don’t ask, don’t tell” will be a thing of the past.
While it may not be the cleanest way to rid the US of the much-ridiculed policy, it certainly works. US District Judge Virginia Phillips’ ruling did what years of Congress couldn’t. And, at least for now, DADT is effectively overturned.
Naturally, people all across the nation are either celebrating or sharpening their proverbial knives. However, we here at the Daily Cougar couldn’t be happier — it’s about time to give soldiers the ability to be open about their sexuality without fear of being dishonorably discharged.
The fight, unfortunately, is far from over. The ruling only happened at the district court level; if there is an appeal filed, it will be heard by the US Court of Appeals. If it is appealed again, it goes all the way to the Supreme Court, where any verdict would be final.
However, if it is taken to the Supreme Court, the policy has a good chance of being reinstated — due to the court’s conservative leanings — meaning that any soldiers who have jumped out of the closet will have to go right back in or face the legal consequences.
On the other hand, if there isn’t an appeal filed by the Justice Department, then there’s nothing that can overturn the ruling outside of another law. So if President Barack Obama is serious on the campaign trail about abolishing DADT, it would seem that this is the easiest way to do it — simply let the appeal time slip away, and the policy is a thing of the past.
Unfortunately, things on Capitol Hill are never easy to understand. There is any number of reasons why the administration would file an appeal, and most of them have to do with politics. Midterm elections are breathing down Obama’s neck, and repealing DADT is a perfect way to lose even more seats in Congress to the Republicans.
Until then, though, we can all sleep a little better at night.
