President Obama is scheduled to sign the Don't Ask, Don't Tell Repeal Act into law on Wednesday morning. But that's not stopping supporters of "Don't Ask, Don't Tell" in Congress from strategizing on how to kill the repeal and maintain the U.S. code barring gay men and women from serving openly in the military. According to the New York Times' Caucus blog, supporters of "Don't Ask, Don't Tell" are already working to amend the repeal bill by adding poison-pill amendments to other "must-pass" bills:Read Full Article
By a vote of 65-31, the Senate has given final approval to the Don't Ask, Don't Tell Repeal Act of 2010, sending it to President Obama to be signed into law. The bill will end the 1993 policy banning non-heterosexual individuals from serving openly in the military, bringing the U.S. into parity with the rest of the NATO, all of the European Union and most of the developed world whose laws already protect the rights of servicemembers regardless of their sexuality.Read Full Article
The Senate has a busy afternoon ahead of them. After they finish their morning impeachment trial of a federal judge, they'll move on to a series cloture votes on some fairly significant domestic policy bills that have been kicking around the Senate for the past several years. As a reminder, cloture is a procedural motion to defeat opposition to debating a bill, and it takes 60 votes to pass. It's basically a vote on preemptively defeating a threatened filibuster.
Today's votes are the Democrats' last chance to move these bills past the Republicans before they lose a handful of seats to them in the next session and finding 60 votes on this stuff becomes all but impossible. Let's have a look at what's on the schedule:Read Full Article
The Obama Administration has appealed the recent court ruling suspending "Don't Ask, Don't Tell." They want a more orderly repeal to be legislated by Congress after the military completes a study on how to prepare for the change. But the problem is that the study isn't due out until December 1, and the Democrats probably aren't going to have the votes to get this done in the next session. So if Obama and congressional Democrats really want DADT to end, they have to stick around in December and get it done.Read Full Article
A district court judge in California has preempted Congress and ruled "don't ask don't tell" unconstitutional, calling it a facial violation of the First and Fifth Amendments. Even though President Obama favors repealing the policy, which bans gay men and women from serving openly in the military, the ruling puts the administration in a bit of a bind.
Normally, the President would appeal any district court decision that strikes a federal statute, and, as Jason Mazzone at Balkinization explains, in this case, the administration has additional legal reasons to appeal -- shoring up the requirments of what constitutes a facial challenge, and showing deference to the military in a time of war. On the other hand, Obama and leaders in the military both want the policy repealed, and they are probably worried that Congress won't act on the repeal while the Democrats still hold enough of a majority to get it passed.Read Full Article
Last week, the House of Representatives and a key Senate committee cast historic votes in favor of repealing "don't ask, don't tell" and allowing gay men and women to serve openly in the military. The repeal is included in the Fiscal Year 2011 Defense Department Authorization bill, which contains funding levels and policy directives that the military must follow. The Obama Administration supports Congress's actions on repealing "Don't Ask, Don't Tell," but they are dead set against another item that some members of Congress want to have included in the authorization bill, and if it is, the Administration says they will veto the whole bill, including the "don't ask, don't tell" repeal.Read Full Article