Obama Needs To Act On DADT

The Supreme Court declined to get into the political fight over the military's Don't Ask Don't Tell policy and hear a challenge to the law from a former Army captain. This has two implications:

1) It makes it far less likely, at least to me, that the same Court would hear a challenge to Prop. 8 which former adversaries Ted Olson and David Boies have been pushing. Typically the Court stays out of political fights, and given the similarities between these court challenges, I just wouldn't expect this Court to weigh in, even if the violations of equal protection are made pretty clear. It's a conservative Court, regardless of the Sotomayor nomination.

2) It's time for the President to step up. The courts won't bail him out.

It's time for Obama to step up. He doesn't have to wait for legislation, although legislation to overturn DADT should be passed ASAP. Obama is the commander-in-chief. He has tools at his disposal to prevent further discharges. He can issue an Executive Order according to a study by the Palm Center. If Obama wants to make a real statement during LGBT Pride Month, instead of just a proclamation, taking action to prevent further discharges under DADT would be a good one -- a very good one.

We're waiting, Mr. President.