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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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  •  Actually, you just proved me right. (6+ / 0-)

    "It can only be clearly unconstitutional when SCOTUS has declared it so."

    Had SCOTUS declared DADT, or discrimination against gays, to be unconstitutional?

    Why, no, it hasn't.  Ergo, such laws are not clearly unconstitutional, and the DOJ has a duty to defend them, which is what I've been saying from the beginning, and which you, once upon a time, disputed.

    BTW, your standard is wrong.  If the circuit courts are in agreement, and SCOTUS doesn't take cases appealing those rulings, that would count as a clear record as well.

    Art is the handmaid of human good.

    by joe from Lowell on Fri Sep 24, 2010 at 03:36:37 PM PDT

    [ Parent ]

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