Federal Judge Injunction on "don't ask, don't tell"

Ultimately, it will be up to the Supreme Court. They will have the final ruling on the law. It will take probably a year or more before it actually gets to that level. By then, the DOD should have the study done and the analysis of how to implement it without disrupting from the main mission of the military which is to protect, serve, and defend the Constitution. That should be out in December sometime. I found it interesting that the Judge said it violated the First Amendment. Much of the military information is under classified status and cannot be discussed openly. Thus the freedom of speech as a rule is naturally restricted within the military community. As such the case, the Judge would have to draw the line between personal communication and military communication. Not sure how the Fifth Amendment applies but that was the other amendment mentioned that was violated. Since the military does have its own justice system and technically we are at war as declared by Congress. (Not the 14th Amendment for those who used that argument.)

The Judiciary branch of the United States government is not concerned with the will of the people as they are concerned with the constitutionality of a given law or act. That is their sole job is to insure that the government doesn't violate any laws of the United States Constitution they are the balancing act to Congress as Congress can kick both the president and the judges out through impeachment which means they have to break the law in some way shape or form and be found guilty. As said by the person above me you only have a right to jury if it is a criminal case where your liberty is in danger. In this case it is a ruling deciding if DADT is constitutional or not. Which this level of court has decided that it isn't. It will be appealed to the next highest court where they can make the decision on if the lower courts decision was valid or not in which case it could be brought back to court at the lower one again or appealed to the next highest court until it reaches the supreme court where then if they decide that DADT is unconstitutional it is stricken from the books and Homosexuals would be allowed to serve openly the very second the court decides that or they can decide that it is constitutional which would be interesting to see how that is. And DADT would have to wait for congress to strike it down or not.

October 12,2010 Obama administration appeals gay marriage ruling. Obama's homosexual base may not be very happy hearing this news. http://www.reuters.com/article/idUSTRE69B63U20101012

It's not that Washington can not do it, it's that it doesn't want to. If they really wanted to, they'd have it done by now. Those that do want it have to convince those that don't via a lengthy study that the military won't spontaneously combust the moment they say "okay, gays can serve openly". A federal judge can be removed from the bench, and the trial is not a criminal trial, so it doesn't necessitate a jury of peers. This judge's ruling is not the be all and end all decision of the argument. It could be over-ruled and the injunction struck down upon appeal.

AS a mater for the courts, it's a bit of a streatch. But the further deeper point in this that is being largely ignored, is that it didn't even have to go to court in the first place. Obama could have ended DADT (still could) with the stroke of a pen. As commander in chief of our military he does have that authority. So why hasn't he?