For the second time, a U.S. federal court has barred the government from enforcing Don’t Ask,Don’t Tell (DADT), the military’s ban on open-sevice by gay, lesbian, and bisexual service members. In a ruling released today, in response to a suit filed by the Log Cabin Republicans,Â the Ninth Circuit Court of Appeals specifically noted that Congress passed a law, signed by the president, that put Don’t Ask, Don’t Tell on a road to repeal.
Today’s ruling reaffirmed the October 12, 2010 ruling by Judge Virginia Phillips that found DADT to be unconstitutional. Judge Phillips at that time had orderedÂ the Department of Defense to â€œimmediately to suspend and discontinue any investigation, or discharge, separation, or other proceedingâ€ related to Donâ€™t Ask, Donâ€™tÂ Tell, but then eight days later the Ninth Circuit issued a “temporary” stay, which was removed today.
Many had hoped that the outgoing and now-former Secretary of Defense, Robert Gates, would have signed off on the repeal, along with his boss, President Obama, before he retired at the end of June.
Technically, the Ninth Circuit Court of Appeals has done that for them with this ruling, but it still is incumbent upon the President, now-Secretary of DefenseÂ Leon E. Panetta, and the Chairman of the Joint Chiefs of StaffÂ to certify that all branches of the military have successfully completed implementation of the repeal regulations and that implementation “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.”
An additional 60 days must pass after those written statements are signed before DADT is officially repealed, based upon theÂ Military Readiness Enhancement Act, the law that put DADT on the road to repeal.
â€œI think people are pretty satisfied with the way this process is going forward,â€ Secretary Gates had said of the DADT repeal process,Â last month before retiring,Â adding that thereâ€™s been little fallout from the training or news of repeal. â€œI think people have been mildly and pleasantly surprised at the lack of pushback in the training.â€
MetroWeekly’s Chris Geidner writes of today’s decision, “DADT cannot be enforced, per the order, unless the government gets a stay of the order from either the Ninth Circuit of the U.S. Supreme Court pending an appeal of today’s decision.”
“Among the citations by the court is the July 1 filing in Karen Golinski’s federal case seeking health insurance benefits for her wife and the related Feb. 23 letter from Attorney General Eric Holder declaring that he and President Barack Obama had decided that heightened scrutiny applies to classifications — such as DADT.”
Alexander Nicholson, Executive Director of Servicemembers United and the sole veteran plaintiff on the case, issued a statement saying,Â “With the wait for certification dragging out beyond a reasonable time frame, the Court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell,’ and this time it very well may be for good.”
“I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran on this lawsuit. Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law.”
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.
‘We’re Not There Yet’: House Republican Hasn’t Seen Any Evidence to ‘Get Anywhere Near Impeachment’
Rep. Mike Lawler (R-NY) hasn’t seen anything worthy of impeachment dredged up by the House Republican investigations of President Joe Biden and his family.
The New York Republican, who recently ripped his GOP colleagues as a “clown show” over their failure to produce a government spending agreement, told MSNBC’s “Morning Joe” that he’s dubious of the impeachment inquiry launched by House speaker Kevin McCarthy (R-CA) and suggested the process was being undertaken as revenge for Donald Trump’s two impeachments.
“Look, these investigations obviously started earlier this year in Oversight and Judiciary [and] they are continuing,” Lawler said. “As I have said repeatedly, we are not there yet with impeachment. There is a very high bar. It should not be political, it should not be tit-for-tat, and the facts and the evidence will determine what, if any steps are taken after this.”
At the end of the day, you know, a lot of this is semantics – it’s a continuation of the investigation,” the congressman added. “The ultimate question is whether or not the facts or evidence would bear out that Joe Biden somehow financially benefited from his son’s deals with Russian oligarchs, Ukrainian oligarchs, Iranian business folks and the Chinese. If that’s the case, the facts and evidence will show that, and if not, I don’t see how you get anywhere near impeachment.”
White House Mocks GOP With ‘Worst Person You Know’ Meme After Matt Gaetz Blames McCarthy for Shutdown
In a rare move the Biden White House on Wednesday mocked House Republicans with a popular internet meme to highlight remarks made by U.S. Rep. Matt Gaetz that show how the Florida Republican is blaming the impending, likely shutdown of the federal government on Speaker Kevin McCarthy. Congressman Gaetz specifically says “We cannot blame Joe Biden” and “We cannot blame House Democrats” for it.
Gaetz, who did not vote to hand McCarthy the gavel back in January, for weeks has increasingly been targeting the House Speaker. Last week he threatened he would get McCarthy removed as Speaker, going as far as to say he was “out of compliance.” On Tuesday a reporter found a resolution with links to Gaetz declaring the Office of the Speaker “vacant” on a baby changing table in a House restroom.
Fox News’ Liz Elkind reported on Gaetz’s comments via social media, “MATT GAETZ pins shutdown on McCarthy: ‘We will have a government shutdown and it is absolutely Speaker McCarthy’s fault. We cannot blame Joe Biden for not having moved our individual spending bills. We cannot blame House Democrats. We can’t even blame Chuck Schumer in the Senate.”
The White House reposted them, and the “worst person” meme, known as the “Heartbreaking: The Worst Person You Know Just Made A Great Point.” The meme was published in 2018 by Clickhole. a satirical website.
The federal government will shut down in 10 days if Speaker McCarthy cannot pass legislation to keep the government funded after September 30. That legislation will need to be acceptable to the Senate, and President Joe Biden. House Republicans, intent on stripping funding for Ukraine, defunding Special Counsel Jack Smith’s investigations, along with the Dept. of Justice and FBI, are digging in their heels amid “chaos” and “infighting.” Some have called it a GOP “civil war.”
See the White House’s post below or at this link.
— The White House (@WhiteHouse) September 20, 2023
‘Brazen and Misguided’: Schumer Decimates Tuberville’s ‘Act of Desperation’ – and Threatens to Hold Senators in DC
Democratic Senate Majority Leader Chuck Schumer took strong action on Wednesday, slamming U.S. Senator Tommy Tuberville, vowing to get several officers in the U.S. Armed Forces confirmed to top posts, and threatening that if the Georgia Republican lawmaker who has blockaded well over 300 military promotions does not release his holds he will hold Senators in D.C. over the weekend.
“In an act of desperation, Sen. Tuberville is trying to use a procedural step to overcome his own holds,” Majority Leader Schumer wrote on social media Wednesday afternoon, before delivering a floor speech. “You read it right. His own holds.”
“He is trying to make himself the gatekeeper of which officers are promoted or languish,” Schumer added. “We can’t allow this to continue. We’re taking action.”
On the floor of the Senate he added: “We cannot allow Senator Tuberville to decide which of our dedicated and brave service members get promoted and which get to languish. Which military families are able to settle in their new posts, and which must remain in limbo. We cannot we should not allow that to be the case.”
“So I have just filed cloture on the Chairman of the Joint Chiefs of Staff, the Commandant of the Marine Corps, and the Army Chief of Staff. These men should have already been confirmed. They should already be serving in their new positions,” Schumer said. “The Senate should not have to go through procedural hoops just to please one brazen and misguided senator.”
“But this is where we are. In the end, the Senate will overwhelmingly vote to overcome Senator Tuberville’s blockade of these three nominees by voting for cloture then the Senate will overwhelmingly vote to confirm them,” he vowed. “And these three honorable men will finally be able to assume their positions and the abortion policy that Senator Tuberville abhors will remain in place. Senator Tuberville will have accomplished nothing.”
It is rare for a Senate Leader to target one member of the body, and even more rare to do so by name, but Senator Tuberville’s blockade, which he began in February, has harmed military readiness, according to multiple top Pentagon officials and former officials.
Tuberville has said he has blocked at least 319 military promotions, which require Senate confirmation, in response to the Pentagon’s policy of reimbursing service members who need to travel out of state to obtain abortion health care services. Many GOP-majority states have imposed abortion bans, forcing out-of travel.
But Schumer’s reference to “gatekeeper,” and later, in his floor speech saying, “which of our dedicated and brave service members get promoted,” may also refer to Tuberville’s unprecedented personal attacks on individual officers awaiting promotion.
Last month the Georgia freshman Republican Senator targeted over 20 individual U.S. Military officers, promoting an attack on their remarks supporting diversity and equity programs, or even, in one case, blasting one officer for their “celebration” of the late U.S. Supreme Court Justice Ruth Bader Ginsburg.
Tuberville, who denied holding up hundreds of promotions is having a damaging effect on the military and morale, also has said he is blocking these promotions because the Biden administration is “woke.”
Recently, Tuberville told Bloomberg News each military officer’s promotion takes two hours of voting by the Senate, which could take them up individually despite his block. Tuberville falsely said voting on all the promotions would take “no time at all” to complete.
Watch Majority Leader Schumer below or at this link.
Majority Leader Schumer (D) says the Senate will vote on stalled military promotions individually:
“The Senate will overwhelmingly vote to confirm them … and the abortion policy that Sen. Tuberville abhors will remain in place. Sen. Tuberville will have accomplished nothing.” pic.twitter.com/zBxzcJrGkZ
— The Recount (@therecount) September 20, 2023
- News3 days ago
‘Leopards Eating People’s Faces Party’: McCarthy and Far Right Republicans Mocked as GOP Divide Grows Even Greater
- News2 days ago
Legal Expert Points to Another Trump Confession That ‘Got Very Little Attention’
- News3 days ago
‘A Nazi Movement—All the Way to the Top’: Critics Denounce Trump’s Antisemitic Attack on ‘Liberal Jews’
- News2 days ago
‘Grabbing the Hog During a Live Musical’: Fetterman Mocks Fox News and Boebert Over Dress Code Outrage
- News3 days ago
‘Another Alleged Instance of Obstruction’: New ‘Rock Crusher’ Revelation Makes Case Against Trump Even Stronger Expert Says
- OPINION3 days ago
‘I Dress Like He Campaigns’: Fetterman Smacks Down DeSantis Amid Sweeping Right Wing Attack on His Attire
- News22 hours ago
‘Knock It Off’: Matt Gaetz Thinks Merrick Garland Should Tell the President to Not Allow Hunter Biden at State Dinners
- OPINION2 days ago
‘Declaring the Office of Speaker to Be Vacant’: Reporter Finds Possible Gaetz Resolution in House Restroom