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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Don't Ask Don't Tell Don't Make No Sense-- When Will It Be Repealed?
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Friday, November 30, 2007
Don't Ask Don't Tell Don't Make No Sense-- When Will It Be Repealed?
JB
The New York Times reports that "28 retired generals and admirals plan to release a letter on Friday urging Congress to repeal" the law requring the military's don't ask don't tell policy. This is an unjust policy that is on its way to repeal. The only question is when.
Comments:
A serious post-Lawrence challenge to DADT was brought by Servicemembers Legal Defense Network and the DC law firm of WilmerHale on behalf of a dozen service members with outstanding records who were discharged and seek reinstatement in the military. The district court in Mass granted the government's motion to dismiss and the case is pending on appeal in the First Circuit. Although it was argued almost a year ago, there's not been a peep from the Circuit Court. The Plaintiffs' First Circuit brief is here:
http://www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/3310.pdf
I doubt a Dem president will touch this issue unless they can get the military brass like the Joint Chiefs to ask for a change. The Dems have a well earned reputation for being hostile to the military and treating it like a welfare program for soldiers. Vets were hardly in the mood to give the draft dodger Bill Clinton the benefit of the doubt on gays in the military and this was one of the signature issues which caused the Dems to lose Congress in 1994.
Proponents of change might have a better chance with Giuliani in office. Giuliani is a hardass and unlikely to be accused of being hostile to the military like the Dems, but he also has a history of sympathy to gay rights. Consequently, he could probably get away politically with a Nixon Goes To China move in this area.
"Because all of the Democratic candidates are opposed to it, one presumes that don't ask don't tell will be eliminated in the next Administration if a Democrat is elected and the Democrats retain control of both Houses of Congress."
If the President wants it, does Congress have any say in the matter? Isn't the President Commander-in-chief? Didn't Truman integrate the armed services with an executive order?
"Bart" DePalma:
The Dems have a well earned reputation for being hostile to the military and treating it like a welfare program for soldiers.... Unlike, say, the maladministration that has screwed up veteran's programs, tried to deny vets benefits, refused to play claims for signing bonuses for soldiers who didn't serve their full term because they were injured (but relenting under pressure), and that has put political hacks and incompetents in charge of the VA? And that's not mentioning sending them to battle without armour, proper equipment, and training.... Seriously, "Bart", if you have any evidence that Democrats have been "hostile to the military", out with it. I'd note that the Republican leadership is a bunch of chickenhawks, while many Democrats served. They're hardly "hostile"; in fact they probably understand the troops better than the Republicans that are under the impression that the thing you can do to make a soldier most happy is to send him into battle as early ans as often as possible so he can 'die for his country'.... Feh. ... Vets were hardly in the mood to give... ... Clinton a pass on gays?!?!? No one asked the soldiers. Cheers,
"Bart" DePalma can see things that no one else can see:
[T]his [Clinton's GITM policy] was one of the signature issues which caused the Dems to lose Congress in 1994. Huh?!?!? Clinton did this. He wasn't running for re-electionin 1994. ANd he won in 1996. Say, on your planet, "Bart", wasn't it the Dem's "weakness on defence and Terra-ism" that caused the massive Republican landslide victory in the 2006 elections? Cheers,
Jack, I think you're a bit overoptimistic about DADT being repealed with a Dem President and Dem Congress. I fear there are significant numbers of Dems -- the Blue Dogs -- who would be reluctant to vote to repeal it. And none of the Dems likely to be President seems to me to be inclined to put the political capital behind it to force it through. Certainly I can't imagine Hillary would, given how badly Bill got burned on the issue.
I apologize for going off topic, but I thought this was fascinating.
Gallup just released the results of a poll asking respondents to give their party identifications and their own self rating of whether their mental health was excellent, good, fair or poor. The results were shocking. Self identified Republicans rated their own mental health far better than did either Independents or Democrats. There were only statistically insignificant differences between Indis and Dems. Moreover, this relationship between party identification and reports of excellent mental health persists even within categories of income, age, gender, church attendance, and education. While respondent's were more likely to rate their mental health higher if they were wealthier, educated, males, younger or attended church, self identified Republicans still rated their mental health significantly higher controlling for all of these factors. Indeed, among the poor and those with a high school education or less, the Republican differential over Indis and even more so over Dems reached its largest spread. Finally, the poll covers a very large 4000 respondent sample, so the sampling error is only 2% or less. [Before some of my Dem and Indi friends here get going, remember that this is a self evaluation, not an objective measurement of true mental health.] Consequently, we are left with a chicken and egg causation dilemma. Does belonging to the GOP make people more confident in their mental health or are people who are confident in their mental health attracted to the GOP political philosophies? Conversely, does being independent or Dem lead people to be less confident about their mental health or are people who are less confident about their mental health attracted to the independent or Dem political philosophies? I have no idea. Do you?
I am going to post this question at my blog, so we can continue the conversation there and stay on topic here.
Conversely, does being independent or Dem lead people to be less confident about their mental health or are people who are less confident about their mental health attracted to the independent or Dem political philosophies?
I have no idea. Do you? # posted by Bart DePalma : 5:13 PM I'm relatively certain that you're a lunatic. So I'm guessing that the mental health confidence held by many conservatives is a good indication that they're delusional.
"Bart" DePalma:
Self identified Republicans rated their own mental health far better than did either Independents or Democrats. There were only statistically insignificant differences between Indis and Dems. Turns out that stoopid people are too stoopid to know they're stoopid too. They overrate their abilities. [Before some of my Dem and Indi friends here get going, remember that this is a self evaluation, not an objective measurement of true mental health.] Good point. We are of the considered opinion that you're a basket case of RWA and delusional behaviour, even if you think otherwise. Cheers,
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