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View Diary: DADT: Major Witt to return To Air Force! "No important govt interest served by discharge." Updatex6. (320 comments)

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  •  You know what? Prove me wrong. (3+ / 0-)

    I say the DOJ is defending the law in these cases not because they agree with the law, but because they are doing their duty to defend laws when there is still a question about their constitutionality, whether they like them or not.

    You could easily prove me wrong by citing some examples in which a law was challenged, there was a question about whether it would be upheld, and the DOJ chose not to defend it.

    I don't believe any such cases exist.  I believe that the DOJ always acts as the government's lawyer in such cases, and answers the challenge.

    If you can demonstrate to me that they don't, I'll revise my opinion accordingly.

    Art is the handmaid of human good.

    by joe from Lowell on Fri Sep 24, 2010 at 03:27:35 PM PDT

    [ Parent ]

    •  Actually, they do. (9+ / 0-)

      There are a number of examples in which DOJ has chosen not to defend laws against challenges or chosen not to appeal adverse rulings.  A fairly recent example occurred in, I think, 2005, when the Bush administration declined to defend a U.S. Forest Service regulation prohibiting roadbuilding in certain national parks.  A federal district judge in Wyoming struck down the rule, and the Bush administration declined to appeal the adverse decision.

      You can find a discussion of other prominent examples at this link.

      Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

      by FogCityJohn on Fri Sep 24, 2010 at 03:47:10 PM PDT

      [ Parent ]

      •  Thanks for the link. (0+ / 0-)

        It appears that none of the three exceptions apply here, and that the Obama administration has not declined to defend any legal challenges.

        Art is the handmaid of human good.

        by joe from Lowell on Fri Sep 24, 2010 at 03:56:34 PM PDT

        [ Parent ]

        •  I can't say that's true (12+ / 0-)

          I have no idea whether this administration has declined to defend any legal challenges.  The federal government is sued all over the country every single day for all sorts of reasons.  It suffers adverse judgments in some of those cases.  You'd have to do some kind of comprehensive search to determine whether Obama's DOJ has chosen not to defend against a challenge or whether it's decided not to appeal an adverse ruling.

          And I say this as a lawyer who used to make his career out of suing the federal government.

          Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

          by FogCityJohn on Fri Sep 24, 2010 at 04:02:21 PM PDT

          [ Parent ]

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