This blog didn’t focus on DADT much largely because others are so much better and eloquent. Secretary Gates and the military itself ultimately made the case. So short to the point.
How surprising and delightful that Congress acted instead of the judicial alternative. Granting DoD time for considered implementation of new policy is important. Beyond that, a judicial decision might consume Article III institutions needlessly with overtly wedge politicization, further eroding their fundamental legitimacy. In the end all courts have is our shared consensual allegiance and deference. It’s an intangible but precious coin.
Our courts have mastered sweeping challenges before. Here their rare resource is saved for another day. Kudos to Congress for stepping up to the plate and crafting social policy through the peoples’ representatives.