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The Water Cooler
General Discussion
Federal Judge Orders Halt to 'Don't Ask, Don't Tell' Enforcement
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<blockquote data-quote="Dr. Tad Hussein Winslow" data-source="post: 1319516" data-attributes="member: 7123"><p>The judge's order is most certainly enforceable - with the help and acquiescence of the POTUS/exec branch, which controls the military (ya know, ye olde commande in chief). Even without the full support of the executive, I believe that the SCOTUS can order federally-controlled troops to enforce its orders (or attempt to), but I could be wrong on that part (mayb the POTUS has to do this for them, as Johnson did with the Little Rock Arkansas standoff with state national guard following Brown v. Board of Education). All this assuming that the military openly defies the authority of the courts as established in Marbury v. Madison and following, which is highly highly unlikely, given their decades long recognition of the courts as the ultimate arbiter and authority, and that defying them is arguably a treasonous offense.</p></blockquote><p></p>
[QUOTE="Dr. Tad Hussein Winslow, post: 1319516, member: 7123"] The judge's order is most certainly enforceable - with the help and acquiescence of the POTUS/exec branch, which controls the military (ya know, ye olde commande in chief). Even without the full support of the executive, I believe that the SCOTUS can order federally-controlled troops to enforce its orders (or attempt to), but I could be wrong on that part (mayb the POTUS has to do this for them, as Johnson did with the Little Rock Arkansas standoff with state national guard following Brown v. Board of Education). All this assuming that the military openly defies the authority of the courts as established in Marbury v. Madison and following, which is highly highly unlikely, given their decades long recognition of the courts as the ultimate arbiter and authority, and that defying them is arguably a treasonous offense. [/QUOTE]
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Federal Judge Orders Halt to 'Don't Ask, Don't Tell' Enforcement
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