Judicial Activism Meets Military Readiness

PatriotPost.US Federal District Court Judge Virginia Phillips, a Clinton nominee, this week ordered the Pentagon to halt its "Don't-Ask-Don't-Tell" policy immediately, freezing current and future procedures that could remove openly homosexual personnel from the Armed Forces. Phillips said that the law "infringes the fundamental rights" of those serving in the military. Leftists, eager to end the policy by any means necessary, applauded the ruling. However, Defense Secretary Robert Gates, who supports ending the policy, says such an action should come from Congress. He warned that such an abrupt change would have "enormous consequences for our troops." For what it's worth, the administration has announced that it will appeal the decision, but we expect that to be a half-hearted defense at best. The same goes for the appeal of July's Massachusetts court ruling that the Defense of Marriage Act is unconstitutional.

The Pentagon had originally wanted to wait to act on the policy after a thorough review of its potential impact to soldiers currently fighting around the world. The House has already passed repeal legislation, leaving the Senate little time for the military's input on the matter, and they're expected to make their move during the lame-duck session.

More: http://patriotpost.us/edition/2010/10/15/digest/print/