Tuesday, October 12, 2010

Military Injustice

SANTA MONICA, CA - APRIL 15:  Demonstrators ga...Image by Getty Images via @daylife
The recent order from a federal judge in California requiring the immediate end to the 17-year old “Don’t Ask, Don’t Tell” policy on homosexuals in the military certainly has the Obama administration caught in a pickle. On the one hand, President Teleprompter has promised to end the policy (though clearly wimping out by pushing for congressional authorization rather than just ending it by executive order). On the other hand, he is faced with an order from a civilian judge that clearly usurps the power of the commander in chief, which almost certainly would be overturned by the Supreme Court.

Given that he has consistently revealed himself an apologist for America and her military might, no doubt the president will instruct his attorneys not to appeal the decision and to allow this disturbing decision to become precedent for future activist courts set on second-guessing our generals in a time of war. Regardless of how one views the DADT policy, a single civilian judge should not (and, indeed, does not) have the authority change military policy in this way, particularly in the middle of a two-front war. Basic tenets of separation of powers need to be observed by the judicial branch  – and preserved by the executive branch. Unfortunately, the cowardice and blindness of the current Administration will now open the military to fighting the war on yet a third front –  the American courtrooms.

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