Activist Judges
Posted by Mike Sylvester - 10/19/10 @ 9:37 pm - Filed Under 2010 National Elections, Featured, National Politics
After being the established law of the land for 17 years an activist judge in California has ruled the military’s “don’t ask, don’t tell” rule as unconstitutional. If this policy is to be over-turned it should be over-turned in Congress; not by one Federal judge 17 years after it became law.
I have mixed feelings about gays in the US military. Please remember I served several years on a nuclear powered submarine and that is a very isolated environment that no one can understand who has not served on a submarine (or something like it).
It has taken me a long time to get there; however, I now think “don’t ask, don’t tell” should be repealed and that gays should be allowed to openly serve in the military. For a long time I have felt that gays should be able to have civil unions and that they should receive the same rights as heterosexuals who are married.
Once the activist judge issued her order the Obama Administration asked her to delay the enforcement of her order. She refused today. It is 100% absurd that one Federal Judge can overturn a law that has been in place for 17 years and turn the Pentagon “on its ear.”
Mike Sylvester
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11 Responses to “Activist Judges”
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I myself have mixed feelings on the issue. I would prefer not to serve in the same unit. This being said, if they are allowed to serve along side with no segregation, I would not enlist.
The military has a lot of “lawless” acts that take place from blanket parties to greasing. These are not authorized, but I know for a fact they do exist. That being said, mixing the two “groups” would be a disaster.
Political correctness from my experience in the Navy does not exist. You need a cohesive unit and being a Machinist Mate in the Navy, “M” Division was a tough bunch to be in. There is no way you can legislate ones personal views. Everyone has the right to their own views. They can choose to ignore another person as long as it does not interfere with their work.
As for a judge legislating this as being unconstitutional, that is the task of the judicial system. Congress passes the legislation in accordance with the U.S. Constitution. The executive Branch signs the legislation into law. The Judicial Branch decides the constitutionality of the legislation if challenged, but on in terms of the U.S. Constitution.
William,
Your comment “mixing the two “groups” would be a disaster” suggests complete ignorance. I mean that in the most understanding way because it’s also very telling of your age, in the statement advocating segregation, so I’m sure they wouldn’t accept you anyhow.
As far as activist judges go, I’m fortunate that some folks write blogs, and some are judges and lawmakers.
I believe Anita Hill.
So we know that Jennifer did not serve in the military and has no concept of the discipline required in effective military units. Anybody who would believe Anita Hill doesn’t consider the rules of evidence anyway.
I would also guess that the Federal Judge knows nothing of the Uniform Code of Military Justice and probably spent his tender years chasing women on a safe college campus.
As for Rob, he needs to read up on the “separation of powers” principle that is the very bedrock of our Constitution. Bloggers do indeed get it right sometimes. Hey, the military continues to bunk males and females in separate quarters . . . isn’t that segregation? I am sure that Mike will tell you that that is indeed a difficult task on an atomic sub. The military is command driven, so grunts do as they are told, and officers have privileges not available to the enlisted personnel.
“Turn the Pentagon on its ear,” eh? What a good idea!
Rob,
We no longer have the draft that was around when I grew up. I enlisted in the Navy and served 1242 days in the Navy before being medically discharged for service connected injuries when a steam turbine blew apart below the deck plates I was standing on, releasing over 1.5 million ft-lbs of force upward.
I would not want to see anyone beat up, but I know from when I served, if there were openly gay people on my ship, they would not want to be there. The Navy was a rough place. I can imagine the Marines are far worse.
Rob, what branch did you serve in and what was your experience?
Gadfly, I find your comment to be remarkably presumptive. What makes you think the judge was chasing WOMEN?
[...] this week I posted about this issue and I wanted to update that [...]
Rob,
Based on your post I can tell that you did not serve in the military. Bill is pointing out the mindset of many in the military and he is 100% right about the mindset of many of those who serve in the military.
Mike
So Mike can post on activist judges even though he’s not a judge or lawyer (I don’t believe) but you have to have served in the military or you’re shot down on this thread? Ooookkkayyy.
Keith,
Of course I can post about activist judges even though I am not a judle or lawyer. This is America and we still currently have freedom of speech.
You also can post about military matters even though you have never served.
Mike