Thursday, October 14, 2010

Thanks again, Fierce-Advocate-in-Chief (2).

The Department of Justice has announced that it plans to appeal the ruling striking down "Don't Ask, Don't Tell." In other fora, I've pointed out that notwithstanding an urban legend to the contrary, the DOJ is under no Constitutional or legal obligation to appeal and in fact has previously declined to appeal rulings striking down federal laws. The Obamapologists have responded with that all-purpose scathing rebuttal, "La la la la la, I can't hear you."

Once, I even asked politely (well, politely for me) for a blue-book citation to whatever legal principle says that the DOJ must appeal. I still got no takers.

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