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Does the Obama Administration Have to Appeal the DADT Ruling?

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Absolutely not.

There’s nothing particularly complex here. The DOJ has no legal obligation to do appeal the DADT ruling, and there’s ample precedent for allowing a ruling of unconstitutionality to stand. And the case for making an exception here couldn’t be more compelling: the law unjustly burdens minority rights and lacks both popular support and the support of legislative majorities. (This case, therefore, can be easily distinguished from refusing to defend the constitutionality of the Voting Rights Act.) Whether or not one agrees with me on this, however, when the administration claims it doesn’t have discretion here they’re not telling the truth.

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