Judiciary unqualified to rule on military policy (OneNewsNow.com)
via Judiciary unqualified to rule on military policy (OneNewsNow.com).
A conservative military watchdog thinks the Obama administration must appeal what she considers a rogue ruling by a federal judge who apparently believes she is “Supreme Judicial Commander of the U.S. Military.”
U.S. District Judge Virginia Phillips ruled Tuesday in favor of the radical Log Cabin Republicans, which asked her to impose an injunction to halt enforcement of the 1993 law that says homosexuals are ineligible for military service — a law that is often confused with Bill Clinton’s “don’t ask, don’t tell” policy.
Elaine Donnelly, president of the Center for Military Readiness, argues that a ruling based on “don’t ask, don’t tell” is flawed — and points out that Phillips’ “short-sighted conclusion” came after eight days of “one-sided testimony from gay activists.”
“I think this is an activist judge, a judge who apparently has not even read the law,” she suggests. “The actual law says there is no constitutional right to be in the armed forces, and the statute is as constitutionally sound as ever.”
She adds that the Supreme Court has declared several times that the judiciary is the branch of government least qualified to make policy for the military. “This judge has just proven that to be true, but that does not by any means mean that this will stand; this is not the last chapter in this book,” Donnelly notes. She adds that she expects the Obama administration to appeal the ruling — and the Supreme Court to “affirm once again that federal judges do not have the power to make policy for our military.”
Defense Secretary Robert Gates told reporters Wednesday that the question of whether the law should be repealed should only be decided by Congress after the Pentagon completes its study on the issue.