BREAKING: Judge Orders Immediate End To DADT Discharges
Posted By Eric Ethington (Author) on October 12, 2010
California – (via the daily kos) U.S. district judge Virginia A. Phillips orders the Defense Department to ‘immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding.
CONGRATULATIONS!!! This is absolutely fantastic!
The Obama administration and the Department of Justice have 60 days to appeal. Come on Mr. President, here’s your chance to finally prove you’re our “fierce advocate!”
Here’s the text of the order:
1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes
the fundamental rights of United States servicemembers and prospective
servicemembers and violates (a) the substantive due process rights
guaranteed under the Fifth Amendment to the United States Constitution, and
(b) the rights to freedom of speech and to petition the Government for redress
of grievances guaranteed by the First Amendment to the United States
Constitution.(2) PERMANENTLY ENJOINS Defendants United States of America
and the Secretary of Defense, their agents, servants, officers, employees,
and attorneys, and all persons acting in participation or concert with them or
under their direction or command, from enforcing or applying the “Don’t Ask,
Don’t Tell” Act and implementing regulations, against any person under their
jurisdiction or command;(3) ORDERS Defendants United States of America and the Secretary of
Defense immediately to suspend and discontinue any investigation, or
discharge, separation, or other proceeding, that may have been commenced
under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its
implementing regulations, on or prior to the date of this Judgment.(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for
attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412; and(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion
for costs of suit, to the extent allowed by law.
"Eric, trying to have this (civil rights) conversation with you is ultimately like trying to teach a pig to dance, it just annoys the pig. So Eric, sorry to annoy you."
-Paul Mero, The Sutherland Institute.
Judge Phillips!!!!!
She gets my vote – for any office she seeks.
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