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View Diary: Will President Obama (Continue to) Defend Bigotry? (76 comments)

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  •  IMO, the case we need to see, and it may take an (1+ / 0-)
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    wader

    appeal to get it there is a Ninth Circuit affirmance on Witt. The Ninth also putatively found the law unconstitutional but sent it back down for factfinding on the reasoning that there just might be a situation in the case on an as applied basis in which the deferral to the decision of the military might be justified in the instance of Maj. Witt. Lower court factfinding said hell, no, BUT what Witt has in it is something many here want, which is Witt restored to the service, something the LCR decision does not give. LCR only bars future separations and those in the pipeline and finds the act unconstititional, but leaves those previously separated out in the cold, but Witt fixes that and was decided first.

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