To Appeal, or Not...

While a legislative repeal of DADT would be preferable for a few reasons, appealing Judge Phillipsè ruling seems rather silly now that that avenue has proven futile. Obama seems more afraid of being accused of slipping a repeal in through the legislative back door.

Given that the logic of the decision hinged largely on whether keeping gay troops in the closet harmed troop cohesion, the Justice department will now have to argue the opposite. This puts them in the very odd position of having to argue the opposite of what they argued when campaigning for repeal.