As with gay marriage, I support the result but I hate the way it’s being done.
Ed Whelan has a great piece on how the Obama administration and federal judges have teamed up to accomplish this. An excerpt cannot do it justice but hopefully this will whet your appetite to read it all:
Let’s begin with the Ninth Circuit’s rogue ruling in May 2008 in the case of Witt v. Department of Air Force. In that case, a Ninth Circuit panel ruled that the DADT law, rather than receiving deferential “rational basis” review, should instead be subjected to some ill-defined “heightened scrutiny.” . . . . When the Ninth Circuit, over vigorous dissents, denied DOJ’s request for rehearing in December 2008, it was clear that DOJ’s next step would be to seek Supreme Court reversal of the Witt decision.
Notwithstanding President Obama’s policy stance in favor of repealing DADT, there was little reason to believe that the change of administrations in January 2009 would alter DOJ’s direction on Witt. With the exceptions of laws that intrude on executive-branch prerogatives or that are unquestionably unconstitutional, DOJ’s established practice is to vigorously defend federal laws. Indeed, in the course of her confirmation hearing to become Solicitor General, Elena Kagan, who as Harvard law school dean had vehemently condemned DADT as “a profound wrong—a moral injustice of the first order,” assured senators that she would set aside her own personal views on DADT and would “with vigor” “advance … the interests of the United States, as principally expressed in legislative enactments and executive policy.” “Under prevailing Equal Protection law,” she emphasized, DADT is “subject to rational basis scrutiny,” and “the rational basis standard is very easy to satisfy.” Indeed, “courts frequently grant Congress even greater deference than usual when military matters are involved.”
Yet when the time came to seek Supreme Court review of Witt, Kagan punted.
Whelan goes on to make excellent points about the latest ruling and injunction. By the time you’re done you’ll be seeing red.