Live Breaking News & Updates on Preem Court|Page 2
Stay updated with breaking news from Preem court. Get real-time updates on events, politics, business, and more. Visit us for reliable news and exclusive interviews.
Individual mandate or the minimum coverage requirements and there s a republican president in the white house and they find one federal district judge who holds that it s unconstitutional. i don t think the supreme court would agree with that, not close. but suppose one district court held it unconstitutional. you don t want a situation where they say, we re just not going to appeal. very different if they took the appeal and took a fairly bold step and it s something the administration, i think, ought to consider down the road sometime in december or january when the full briefing is done whether to tell the court of appeals that in the government s view it s unconstitutional. they re appealing because they believe the fine decision ought to remain with the court. but they are going to appeal. and they are going to tell the court that in our view it s unconstitutional because it s harmful to the military. this is one of the reasons i wanted to talk to you specifically about this tod ....
Not safe to come out and the issue of being an openly gay person and trying to join the military, even for right now, is not at all settled. i think that s right. now, the president said that this will end on his watch, and he s actually moved the ball pretty far down down the road to making that happen because the president has gotten the chairman of the joint chiefs to agree that the policy should end. he, himself, has stated unequivocally that it undermines our national security, and that s going to be a powerful argument in court. i think the government really has no choice but to appeal the case because a we don t want a system where a single federal judge can invalidate an act of congress and the president simply say, well, that s it, we re not going to seek to appeal that. imagine, rachel, three years down the road if someone is challenging the health care, ....
Going to appeal that ruling. they re going to try to get her order stayed, that is, it s effectiveness postponed until appeal, but until they do the military wants to make sure they re not violating the order which is in place at the moment. so would you expect that the military will do a u-turn and start enforcing the policy again if this injunction that is halting it right now gets lifted? well, it s you know, i think that s unclear about how fast the military would want to process any cases or proceed with any investigations while this matter is pending. this order of the district judwç will be stayed on appeal, either by the ninth circuit or by the supreme court because the court will not want it to go into effect until they ve had a chance to hear, you know, full briefing and argument on the question. so do you agree that sounds like you agree that gay people in the military are still ....
Because you ve been making this case for this specific type of appeal. can you explain what precedent there is for the government doing that? for the government saying, listen, we recognize our responsibility as the didn t of justice to defend the nation s laws. we agree that this law that we are defending is unconstitutional. we are, therefore, still appealing it but saying we think it s unconstitutional too. it seems like a split-the-baby decision too. but you say it s been done before. it has been done before. it s been done in 1945, it s been done by president reagans administration in certain circumstances. the what the government says is we ve got an active congress. we can t say whether the supreme court will validate it. we feel like we owe it to congress to make sure that the appeal is at least taken up to the court of appeals or the supreme court. we re going to tell the court it s understand constitutional. we thing you should strike it down. but we re going to allow othe ....
Decided in my view that it s not necessary. it s harmful. therefore, i m going to tell the court i think it s unconstitutional leaving the final decision to the kofrmt we don t know what the court s going to hold. we don t know what the court s going to hold. so it s critically important to keep this in the realm of politic and to support candidates who support repeal because the only sure way togpá this done since you can t rely on the preem court at the end of the day, no matter what position the justice didn t takes is to make sure it gets repealed by congress. i think that s going to be the critical bally wick we re going to face in coming months. i think what s so uncomfortable about it is the idea that it s a constitutional matter. that they do so on the basis of essentially agreeing with the judge s ruling that sh this is unsustainable under any understanding of our constitutional rights and therefore it ought to be up to a vote, it ought to be up to whether john mccain s hav ....