To anyone who understands the judicial process...

[pepperbear]

How much force does the ruling for reinstatment in the Witt DADT case carry? What's the next step?

Thanks.

:hi:

[elleng]

1. Its legal force goes only to the immediate case,

but the rationale for the 'reexamination' requested by the Court of Appeals should be persuasive in other, similar cases, that is, examine the facts of each case to determine whether the sexual orientation had negatively impacted the unit's morale or cohesion.

[pepperbear]

2. thanks!

much appreciated!

[alcibiades_mystery]

3. This has been the clear trend in the legal arguments

It's fairly clear that blanket enforcement of DADT is increasingly being seen as unconstitutional in the judiciary.

[TheMadMonk]

4. If I've got that right, in the long run it should eventually force the armed forces...

...to drop DADT as unenforcable. It will remain on the books and occasionally be dragged out and dusted off to shitcan the occasional "too camp" troublemaker for a while, but in the main it will be dumped due to the expense of constant litigation. Ten years from now the 121st Airborne will have it's gay pride float in NOLA and the brass will be in the balconies collecting strings of beads.