Archive for October, 2010


Wednesday, October 20th, 2010

The Justice Department under president Obama has asked for a stay of execution while they appeal Judge Virginia Phillips’s ruling overthrowing Don’t Ask Don’t Tell. What the fuck, Obama! This is exactly what is wrong with you. You have said, repeatedly that “This policy will end and it will end on my watch,” but yet you are now extending the policy, not ending it. This is an example of why your base is not energized in this election. You are going out of your way to fail to do what you promised. You’re recent defense, is no defense at all:

“I can’t simply ignore laws that are out there,” he said. “I have got to work to make sure that they are changed.”

This is true, however, laws can be changed in 2 ways: via congress passing new superseding laws, or via the judicial branch striking down unjust, unconstitutional laws. You have control (well maybe) over the first method, so that’s normally how things are done, but the second method is equally valid. Every law does not have to be defended all the way to the supreme court. It is perfectly legal for a law to be struck down, and the Justice Department to choose not to appeal the loss. We, your supporters all agree this is a bad law and it needs to go, so just let it go, quietly into the night without a fight. Without letting John McCain filibuster any attempt to change it; he can’t filibuster an already finished court decision. By appealing the decision you make this an issue, when it should not be, and you allow for the ruling to be overturned.

At the very least, don’t ask for a stay of execution. A law that you have every intention of repealing was declared unconstitutional by a court and the judgment was that it should not be enforced starting immediately. You like this decision! If you feel you have some legal obligation to appeal this favorable ruling all the way to supreme court, you can at least ensure that the law is not enforced, by simply doing nothing. Thousands of laws are not enforced every day, laws that are perfectly legal. Let this, declared illegal law not be enforced legally by not asking for a stay. You’re just going to repeal it anyways.

Imagine, if you will, that during George W. Bush’s presidency this same court overturned a law that George Bush intended to repeal. He would praise the court for this rare instance of sound judgment amid a tide of judicial activism, and that would be that. He would set aside his claims of legislating from the bench for a few months (ok, days). If questioned on the apparent conflict in his reasoning, he would ignore the question. This is because what he wanted to happen, happened. This sort of thing results in a lot of awfulness, but it does do one thing well: It ensures that you are not the reason that you fail to succeed on your own priorities. I appreciate the thoughtfulness and the duty to the law, but if you want the American people to think that your are getting things done, you need to stop fighting against yourself, and occasionally ask yourself “What Would George W. Bush Do?” At least when it serves the good of the country in a minor, and legal way.