Tag Archive: Mark Pryor

DADT: Judge Phillips issues her injunction

Judge Virginia A Phillips, US District Court, Central District of CA,  has issued an injunction which halts enforcement of the Pentagon’s discriminatory “Don’t Ask, Don’t Tell” policy, after ruling it unconstitutional last month on Sept 9, .

http://www.huffingtonpost.com/…


http://miamiherald.typepad.com…

“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”

From the injunction ruling itself: (pdf download  http://www.ServicemembersUnite…  )


(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 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 judgement.

(4) Grants Plaintiff Log Cabin Republican’s request to apply for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412  

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

IT IS SO ORDERED.

Virginia A Phillips

United States District Judge

dated October 12, 2010

A writeup yesterday from Law.com thinks that the Obama administration will continue to defend DADT, instead of letting the policy just die,  while waiting for  Congress to further write a new law, Sec of Defense Gates to complete his “study and survey,” and the Supreme Court to eventually issue their opinion on the appeal.

Senators Gillibrand and Udall have sent a public letter urging Attorney General Eric Holder not to appeal, saying such could hold back Congress further.


http://www.law.com/jsp/article…

Still, several signs indicate that the Obama administration plans to continue to defend Don’t Ask, Don’t Tell. When asked about the government’s next move, Justice Department spokeswoman Tracy Schmaler said in an e-mailed statement to The National Law Journal: “The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged.”

The Justice Department already has filed an opposition to a proposed permanent injunction that would bar enforcement of Don’t Ask, Don’t Tell worldwide. In it, the government said that an injunction, if granted, should be limited to members of the Log Cabin Republicans.

If Phillips grants the injunction, the government could ask the 9th Circuit for a stay pending any appeal and for a stay to be granted, said Adam Winkler, a constitutional law professor at the University of California at Los Angeles School of Law. “If she enters a permanent injunction without a stay of appeal, it will seem like a power grab,” he said of Phillips. “The 9th Circuit won’t look kindly upon it.”

As I pointed out previously, the Log Cabin Republicans are Republicans, and to limit the stay of this discriminatory law to their group, says that the US Constitution is not political party neutral,  and the Obama Administration thinks only Republicans are qualified to deserve civil rights and equal protection under the law. Another lawyer in the article pointed out there is a tendency for the judiciary to “defer” to the military.  The last time I looked, there is absolutely nothing in the Constitution which stated that military service can only be performed by members of one specific political party.   The Commander in Chief is still an elected civilian position, no party specified, at least in stated law.  Membership qualifications in a political party to obtain full benefit of the law, even military law, reeks of codified bribery.

The solution is obvious, the Attorney General of the U.S. should not appeal this ruling, to do otherwise implies Justice is for Sale, and our military forces are open to the highest bidder vying for the attention of one of 100 Senators.  This becomes an issue of national sovereignty.  Let DADT die.  Its time has passed.  

previous diaries on this:

Holder’s DOJ Attorneys Behaving Badly, File Objection on Dadt overturn

http://docudharma.com/diar…

DADT Overturned, How Hard Will Obama Admin Defend It ?

http://docudharma.com/diar…

Holder’s DOJ Attorneys Behaving Badly, File Objection on DADT Overturn

Two weeks ago, I asked whether or not the Obama administration’s Department of Justice under Eric Holder would seek to thwart the ruling of Judge Virginia Phillips, when she ruled on 9/9/10 that Don’t Ask Don’t Tell, the military’s antiqued discharge policy used against gay people, was unconstitutional.  The lawsuit was brought by the Log Cabin Republicans, who won the ruling on the grounds of freedom of speech, freedom of association, and the ability to petition the government for the redress of grievances-  the good, old fashioned stuff.

http://docudharma.com/diar…

Since then, the Democrats in the Senate made another one of their feeble, half hearted attempts at accomplishing something meaningful and legally correct, and of course, failed, after 3 of their alleged Dem caucus bailed on them during a cloture vote to get an amendment to get rid of DADT tucked into the latest DOD spending bill for FY 2011.

Here’s the roll call on that pathetic 56 to 43 vote.   http://www.senate.gov/legislat…

Judge Phillips said in her ruling that she intended to issue an injunction to stop enforcement of DADT,  yesterday, the Obama Administration’s Dept of Justice Filed An Objection to Overturning DADT, and even said that the Judge would be overstepping her bounds if she did it.  

http://www.talkingpointsmemo.c…

“A court should not compel the executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military’s operations, particularly at a time when the military is engaged in combat operations and other demanding military activities around the globe,” federal attorneys said in their objection.

Department of Justice officials declined to comment further.

White House Press Secretary Robert Gibbs tried to pretend this was not backpedaling on that fierce advocacy for equal rights that was mentioned in the 2008 campaign.  Instead he tried to blame Congress, via an email, sent to the Associated Press.   Odd that he said “this clearly shows why Congress must end this policy.”   Because Congress is thought of as the House, and the House has its act together on this and would vote for it.  It’s the Senate, and more specifically a Democratic Majority Senate that is at fault,  that has decided a man or a woman in some states  gets to have 2 and 2/3 Senators, while the rest of the country only gets 1 and 1/3 Senator, every time they insist on a 60 vote majority to decide any procedure.

One potential solution to this would be for every person in the military who this policy impacts to immediately declare themselves a member of the   Log Cabin Republicans, since Judge Phillips could limit the injunction to them and not upset Attorney General Eric Holder’s Department of Justice…..  too much during an election season.   I’m not recruiting for them, but it looks like President Obama is confused about that equal protection under the law Konstitooshunal bipartisanshipthingee again.   I would love to see the Judge smack down more doofus crap from any administration who is telling her that the military members have to belong to the Republican Party to have equal protection, wouldn’t you ?

And of course,

Back in April in CA at the Boxer fundraiser

Back in April at the White House

Last year in DC , Oct 2009

They say that this country is free, and they say that this country is equal, It is not equal if it is “some times”

Aside from the legal and moral issues, since this is the height of campaign season, and the President is running around the country doing million dollar fundraisers for some of these Senatorial candidates, let’s say what they fear the most:

Don’t Equalize, Don’t Pay to Play.

Because there is nothing more obnoxious that watching the current spectacle of the Senate Democrat’s Villain Rotation being used as an extortion tool.  

12 Hump Day Headlines: Hey Chi Town, are You Fired Up ? He’s Ready to Go!

Wednesday, Sept 22, 2010  Headlines, we have headlines….

1. Rahm Emanuel Could Leave White House In October.

I’ve always wanted to type this, and now I can:



Anonymous White House Aide says Anonymous White House Aide might be leaving the White House.


If he chooses to go forward with the mayoral race, Emanuel intends to be sensitive to the fact that his dual role could create the appearance of using his government office to his personal advantage, say two people familiar with internal deliberations.

__

The aide says Emanuel will not make a decision about whether or not to run this week, but was otherwise vague about when the decision would be made – or exactly when he might step down.

2.  Larry Summers, Director of National Economic Council, to Leave White House After Election

Again, the 3 anonymous Horsemen of the Impending Electionypse were quoted:


…. according to three people familiar with the matter.

His departure would leave Treasury Secretary Timothy Geithner as the only member of President Barack Obama’s original top-tier economic team. Summers, 55, and the president have discussed his future plans, according to one person.

Administration officials are weighing whether to put a prominent corporate executive in the NEC director’s job to counter criticism that the administration is anti-business, one person familiar with White House discussions said. White House aides are also eager to name a woman to serve in a high-level position, two people said. They also are concerned about finding someone with Summers’ experience and stature, one person said.

Dear White House.  

About that token genderism thing.

We are not fooled by how the present is wrapped if we’re still finding it still doesn’t fit.  

So that’s Peter Orszag, Christina Romer, Larry Summers, and perhaps Rrrrahmbo Anonymous gone.  That leaves Timmy Geithner.  Who now has to look at Elizabeth Warren.  

Updated:And Back to the House We Go After Senate’s Pryor,Nelson,Lincoln Vote NO

David Dayen at Lake du Fire Dogs has been watching the Senate vote on the Reconciliation side car “fix” to the Health Insurance Bailout bill this morning.

http://news.firedoglake.com/20…

It passed, 56 to 43.  V.P.  Joe Biden was there, indicating that the administration didn’t quite trust the Democratic Senators to behave themselves. Senators Blanche Lincoln of Arkansas, Ben Nelson of Nebraska, and Mark Pryor of Arkansas (OPEC API IPAA, Mellon Scaife, & Koch Oil, Mutual of Omaha, & Walmart, LLC)  voted against the reconciliation bill.  

Surprise ! It has to now go back to the House again for another vote, saith the Parliamentarian      

Remember when there was talk of how the amendment process in the Senate would only need a simple 50 vote majority under the rules of reconciliation, and therefore some Senator could offer an amendment with a Public Option, and there was Sen. Bennett’s (D, CO) letter http://bennet.senate.gov/newsr…        going around with the signatures, and the People in Charge said Absolutely Not, we are taking no amendments on this because we can’t risk the Republicans delaying with their own ?  An everybody got into line?

Surprise !   They were just kidding.

http://www.huffingtonpost.com/…

How about putting it in the year 2011 Budget, Sen. Kent Conrad of North Dakota ?


“I’d be unwilling to kick up dust on some new matter before we’ve resolved this one,” he told reporters.

A status quo You Can Believe In.

They say over 25 million Americans will be left out of coverage. It’s more.   They’re wrong, there’s 300 million who were planning on the Constitution covering them, and it’s still random, depending on which state you reside in.

But only the Democratic Party could try to get away with it, having drawn such courage from watching the Republicans cheer them on as they continue to thumb their noses at the core constituency who actually voted to put them in office, and had bothered to read the quaint old thing.

_______________

update:

AHIP Already kicking sick kids to the curb

nyceve has posted this story about America’s Health Insurance Plans (AHIP, think Karen Ignagni the lobbyist) which wrote much of the bill incognito, saying that it intreprets the new law as not requiring insurers to cover all child applicants this year.  They would prefer to wait until 2014.

This bill is being “sold” as finally making insurance available for all children (except non legal residents) this year. Supposedly the Sec of HHS is going to issue a sternly worded clarification, or something.  But insurers can jack up rates in the meantime-

http://www.dailykos.com/story/…

C Street has rigged it for Ensign in the Sen. Ethics Committee, blame Sen. Mark Pryor

Crossposted at Daily Kos

    Sen. Barbara Boxer, who heads the committee, told CNN that there is a preliminary investigation of Ensign’s actions. “We will look at all aspects of this case, as we do whenever there is a case before us, and try to get to the bottom of it as quickly as we can in fairness to all,” said Boxer, D-Calif.

huffingtonpost.com

    John Ensign, of C Street and extramarital affair infamy, will get off scot free here, because the game is rigged. What a surprise, the Select Senate Committee on Ethics is Unethical.

    Regarding C Street and The Family, Senator Mark Pryor is up to his eyeballs in this scandal.

Who sits on the Senate Ethics Committee?

Chairwoman

Barbara Boxer (D-CA)

Mark Pryor (C-Street) (D-AR)

Sherrod Brown (D-OH)

Vice chair

Johnny Isakson (R-GA)

Pat Roberts (R-KS)

Jom Risch (R-ID)

    My bet, Ensign walks away without a slap on his wrist, 2 -4 bipartisan vote in favor of corruption and sex scandals.

    More on this and a call to action below the fold