Connect with us

Breaking: Appeals Court Rules To Keep DADT Law Of The Land For Now

Published

on

“Don’t Ask, Don’t Tell” is here, through Spring, at least. The Ninth Circuit Court of Appeals has just over-ruled a lower court’s decision that the government stop all “Don’t Ask, Don’t Tell” related activities, effectively placing “Don’t Ask, Don’t Tell” back into law until it rules on the actual ruling. This tempory stay against the lower court’s injunction against any “Don’t Ask, Don’t Tell” investigations and discharges is a setback for the LGBT community and civil rights activists. You’ll remember the Ninth Circuit gave the government a temporary emergency stay while it reviewed the implications of the case. This extends that stay while it reviews the actual case.

Chris Geidner at Metroweekly reports, “The practical effect of the ruling means that — absent congressional or executive action — DADT will remain in effect through at least Spring 2011.

“In addition to the fact that this case raises ‘serious legal questions,'” the court wrote, “there are three reasons that persuade us to grant a stay pending appeal.”

“The reasons included that “Acts of Congress are presumptively constitutional,” that “‘judicial deference . . . is at its apogee’ when Congress legislates under its authority to raise and support armies” and that “the district court’s analysis and conclusions are arguably at odds with the decisions of at least four other Circuit Courts of Appeal.”

Here are a few responses:

Servicemembers Legal Defense Network (SLDN): “Today’s decision is a major disappointment, and it underscores the urgent need for the Senate to act this month in the lame duck session to end this confusion and bring about the finality that is needed. We continue to warn service members that it is unsafe to come out as long as this law remains on the books.”

Dan Woods, White & Case: “The court’s ruling is a disappointment not only to us, but also to all homosexual servicemembers who bravely put themselves in harm’s way so that we can all enjoy the constitutional rights and freedoms that they themselves are being denied,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans. “The decision only slows the day when military service will be available to all Americans, regardless of sexual orientation, who want nothing more than to serve their country honorably and patriotically. We will continue to fight on for the constitutional rights of these Americans and look forward to a favorable decision on the merits of the appeal.  Meanwhile, we will discuss the court’s order with our client to determine whether we will ask for a review of the order by the US Supreme Court.”

R. Clarke Cooper, Executive Director, Log Cabin Republicans: “Log Cabin Republicans is disappointed that ‘Don’t Ask, Don’t Tell’ will continue to burden our armed forces, undermine national security and limit the freedom of our men and women in uniform,” said R. Clarke Cooper, Executive Director of Log Cabin Republicans. “Despite this temporary setback, Log Cabin remains confident that we will ultimately prevail on behalf of servicemembers’ constitutional rights.  In the meantime, we urge President Obama to use his statutory stop-loss power to halt discharges under this discriminatory and wasteful policy.  The president claims to want to see ‘Don’t Ask, Don’t Tell’ ended.  It is time that he stop talking and start working to make a real difference for gay and lesbian Americans by pushing for repeal when Congress returns.”

Lambda Legal: “Today’s ruling means additional months or even years of needless suffering by lesbian, gay and bisexual service members, who must continue to live in fear of discovery until the appeals process is complete – or until Congress or the President steps up to the plate.  But it’s important to remember what today’s ruling was not:  a consideration of the merits of the case. That remains for another day.

“Each day that ‘Don’t Ask, Don’t Tell’ remains in effect, it destroys lives and careers, undermines national security, and forces the discharge of the very personnel our military needs in a time of war. The pressure is now on Congress to repeal this fundamentally un-American law – and on the
President, who can issue a stop-loss order to put an immediate end to discharges under ‘Don’t Ask, Don’t Tell.'”

There's a reason 10,000 people subscribe to NCRM. You can get the news before it breaks just by subscribing, plus you can learn something new every day.
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

‘The Whole Thing Is Imploding’: Chaos and Rebellion at America’s Top Right-Wing Think Tank

Published

on

Founded in 1973, the Heritage Foundation has become what its president, Kevin Roberts, now hails as the “intellectual backbone” of the conservative movement. It crafted the policy blueprint that powered President Ronald Reagan’s right-wing revolution — and today, under Roberts’s leadership, it’s once again shaping the machinery of power. Through its highly controversial Project 2025 — a plan widely credited to Roberts as its chief architect — Heritage laid out a road map for President Donald Trump’s second-term agenda. But Roberts’s recent missteps have rattled the institution, raising strong questions about his leadership — and the future direction of the conservative movement itself.

Roberts gained widespread attention in July 2024 when he issued a warning to Democrats: “we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”

At the time, Biden campaign spokesperson James Singer said, “they are threatening violence.”

As did others.

“Kevin Roberts is threatening violence to anyone not following his dear leader,” former Republican and former U.S. Congressman Denver Riggleman wrote. “Every network should cover this.”

Roberts’s remarks had come just after the U.S. Supreme Court recognized a new constitutional principle of “presidential immunity” for official acts — a decision critics say President Donald Trump has wielded to expand his power.

Late last month, Roberts came under tremendous criticism after throwing his support behind former Fox News host Tucker Carlson, who had a two-hour interview with far-right extremist leader Nick Fuentes, whom many see as promoting Christian nationalism, white supremacy, racism, antisemitism, misogyny, and Islamophobia.

“There has been speculation that @Heritage is distancing itself from @TuckerCarlson over the past 24 hours,” Roberts wrote on October 30 when posting the video that sparked this current firestorm. “I want to put that to rest right now.”

The editors of the right-wing National Review in a scathing editorial explained the issue: “Tucker Carlson, knee-deep already, has taken another step into the muck with a friendly interview with Nick Fuentes.”

HERITAGE “WILL ALWAYS DEFEND OUR FRIENDS … THAT INCLUDES TUCKER CARLSON”

Roberts had wasted no time in coming to Carlson’s defense.

“The Heritage Foundation didn’t become the intellectual backbone of the conservative movement by canceling our own people or policing the consciences of Christians. And we won’t start doing that now,” he said in his video supporting Carlson.

Roberts insisted that Heritage “will always defend our friends against the slander of bad actors who serve someone else’s agenda. That includes Tucker Carlson, who remains, and as I have said before, always will be a close friend of the Heritage Foundation.”

Criticism of Roberts was immediate.

Journalist Yashar Ali called it a “watershed moment.”

“In his statement,” Ali wrote, “Kevin condemns what he calls a ‘venomous coalition’ that is ‘sowing division’ by attacking Tucker. That ‘venomous coalition,’ includes MAGA Republicans as well as Jewish conservative commentators, activists, and donors.”

“Kevin also frames Nick Fuentes’s rhetoric as worthy of debate, rather than something to be condemned outright. A shift like this would’ve been unthinkable for Heritage just three years ago.”

Condemnations came, and continue to do so — from both outside and inside Heritage.

CNN’s Andrew Kaczynski on Thursday reported on what one senior staffer called the “absolute s–” swirling inside Heritage.

“The staff that we talked to told us the Heritage Foundation is in open revolt over the president’s defense of Carlson,” Kaczynski explained.

That senior staffer also told CNN that Roberts had “lost control over the organization.”

Kaczynski noted that they also “said there’s an open rebellion, and this really all came to a head [Wednesday], where they had this all hands meeting … this was kind of going around social media, where Roberts publicly apologized, according to her recording we obtained, Roberts told employees, ‘I made a mistake. I let you down. I let this institution down. I’m sorry.'”

“But,” Kaczynski added, Roberts “also made clear he has no plans to resign.”

On Friday, Reason senior editor Stephanie Slade wrote that at a Thursday night event, “I was asked if the crisis at Heritage Foundation seemed to be blowing over. This morning I received a message from someone inside the building about Kevin Roberts: ‘He needs to be made to resign by the [Heritage] Foundation Board of Trustees.'”

“In speaking to current and former Heritage staffers over the last week,” Slade continued, “the emotion I’ve most commonly encountered is disgust and the words I’ve most commonly heard are ‘Kevin Roberts has to go.'”

By Wednesday, as Ali noted, Roberts had “made his fourth public statement on the Tucker Carlson/Nick Fuentes situation … over the course of six days.” After the initial video that ignited the firestorm, Roberts made three other attempts to “clean up” his remarks.

According to The Wall Street Journal’s Elliot Kaufman, Heritage senior fellow Amy Swearer, in remarks before Heritage staff, told Roberts, “over the last week, you have shown a stunning lack of both courage and judgment.”

She called Roberts’ initial defense of Carlson “at best … equal parts incoherent, unhelpful and naive.”

“At worst, it was more akin to a master class in cowardice that ran cover for the most unhinged dregs of the far right.”

“LOST MILLIONS OF DOLLARS IN DONATIONS”

Heritage also appears to be losing important donors.

“One major donor, whose organization contributes more than a half million dollars annually to Heritage Foundation, told us that they had totally lost faith in Roberts,” Kaczynski reported.

“They said, ‘I see how things play out, but if Kevin remains as president, we will not be giving to Heritage.'”

“Likewise, the Zionist Organization of America, that’s actually the oldest pro-Israel group in the United States, announced that it has withdrawn from Heritage’s initiative on antisemitism, unless Roberts publicly apologized, and retract his praise for Carlson.”

Newsmax reported that “Zionist Organization of America President Morton Klein told Newsmax Friday that Heritage Foundation President Kevin Roberts should resign immediately.”

“My organization has many of the same donors as Heritage,” Klein also said. “They’ve told me that they’re stopping all funding for Heritage until they get rid of Kevin Roberts, so yes, they have lost millions of dollars in donations since this controversy arose.”

Klein also “pointed to longtime Heritage fellow Stephen Moore’s recent departure.”

“He doesn’t want to be involved with Heritage, which is now tainted as an antisemitic, bigoted organization,” Klein told Newsmax. “It’s harmed everything else they do.”

Mark Goldfeder, CEO of the National Jewish Advocacy Center, told The Wall Street Journal on Friday that “Any tent that is big enough for them …is too big for me,” referring to Fuentes and his allies.

The Journal reported that “Goldfeder resigned from Heritage’s National Task Force to Combat Antisemitism in the aftermath of Roberts’s video.”

“CIVIL WAR AT THE HERITAGE FOUNDATION”

Other critics outside Heritage have also been observing Roberts’ crumbling support, and what it means for the future of the organization, its president, and the conservative movement.

“The civil war at the Heritage Foundation is far more consequential than most people realize,” noted Mike Madrid, the prominent Latino Republican political consultant. “The divide seems irreconcilable and it could splinter the American right irreversibly.”

Conservative New York Times opinion columnist David French wrote on Sunday, “I don’t know if Roberts will survive at Heritage.”

“I do know that Carlson and Fuentes and their constellation of friends and allies are far too popular to cancel or even to contain,” he noted, and observed: “The fight for the future of the Republican Party is underway.”

And pointing to a Washington Post article on the crisis at Heritage, Madrid declared: “The whole thing is imploding.”

 

Image via Shutterstock

Continue Reading

News

‘Impossible to Lose’: Trump Pitches Strategy to Cement One-Party Rule

Published

on

President Donald Trump renewed his demand that Republican senators eliminate the 60-vote filibuster, which he sees as one of the biggest roadblocks to achieving his far-reaching agenda. Now, he said he wants to eliminate the filibuster as a way to ensure permanent Republican control of the government.

The president has been calling for senators to act, despite Senate Majority Leader John Thune’s strong opposition to invoking the “nuclear option.”

In a lengthy Truth Social post last week, Trump expressed his agenda.

“It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” he declared.

READ MORE: Trump Admin Starts Setting Stage for Recession — and Shifting the Blame

He warned that Democrats want to “substantially expand (PACK!) the United States Supreme Court, make Washington, D.C. and Puerto Rico States (Thereby automatically picking up 4 Senate seats, many House seats, and at least 8 Electoral Votes!), and many other highly destructive things.”

“Well, now WE are in power, and if we did what we should be doing, it would IMMEDIATELY end this ridiculous, Country destroying ‘SHUT DOWN.'”

Trump then admitted: “I want to do it in order to take advantage of the Democrats….”

Trump has repeated his call to end the filibuster several times since then, most recently on Friday afternoon.

“The Democrats will do this,” he said of killing the filibuster, “so if the Democrats are gonna do it, I’m saying Republicans should do it before they get a chance.”

“It’s very simple,” Trump explained.

READ MORE: Democratic Rep. Interrupts Speaker Johnson — Accuses Him of ‘Lies’

“And if we do it, we will never lose the midterms, and we will never lose the general election, because we will have produced so many different things for our people — for the people, for the country — that it would be impossible to lose an election.”

Critics quickly weighed in with warnings.

“I thought the vice president Vance statement about ignoring judges would be it for today,” wrote The Steady State, a group of over 350 former national security and intelligence officials, referring to JD Vance’s apparent suggestion to ignore a federal judge’s order to release about $6 billion in SNAP funds.

“President Trump went a little farther in terms of crossing yet another red line,” the group continued, “explaining why he wants [the] filibuster gone he is very clear. One party rule. Elections that he and his never lose —— that is autocracy.”

READ MORE: ‘Make Lots of Trump Babies’: Dr. Oz Highlights Midterm Goals

 

Image via Reuters

Continue Reading

News

‘Unique Action’: Trump Admin Spins Flight Cancellations as Fix for Traveling Frustration

Published

on

U.S. Secretary of Transportation Sean Duffy sought Friday to cast a positive light on the Federal Aviation Administration’s order requiring airlines to cut ten percent of flights at 40 major airports — a move prompted by overworked air traffic controllers who have gone weeks without pay as the government shutdown stretches into its 38th day with no immediate end in sight.

More than 800 flights nationwide were canceled on Friday, leaving some travelers “scrambling to figure out backup plans,” the Associated Press reported.

But According to Secretary Duffy, he has come up with a “unique action” that reduces a major frustration of air travel: flight delays.

READ MORE: Trump Admin Starts Setting Stage for Recession — and Shifting the Blame

“I asked the head of the air traffic controller union to reach out to his controllers, to ask them to show up. It is their jobs,” Duffy said on Friday.

“If they start coming to work, we may have the same experience we had in Newark: We had delays and cancellations in Newark in the early summer. We reduced the capacity, and then the flights were on time. Right?”

“It was the most on-time months we had in Newark ever,” he added. “So that could be an outcome of what we’re doing, and we’ll see probably more people on less flights, which means less pressure on controllers.”

READ MORE: ‘Make Lots of Trump Babies’: Dr. Oz Highlights Midterm Goals

Secretary Duffy also said, “There’s a very easy solution to the problem that they put directly on my lap, which is open the damn government. Vote to open the government, so those who snipe at me for having to take really unique action — they put that on my plate.”

Critics blasted Duffy.

Republican former U.S. Rep. Adam Kinzinger wrote: “Cutting flights because of the govt shutdown is a stunt, plain and simple.”

He also remarked, “We’re cutting flights and food because of the govt shutdown but ICE is out [in] full force!”

READ MORE: Democratic Rep. Interrupts Speaker Johnson — Accuses Him of ‘Lies’

Continue Reading

Trending

Copyright © 2020 AlterNet Media.