Ok, now it's making sense. When I went to bed last night I read headlines about how DADT was overturned on 1st Amendment grounds. True, the court did decide that, but that was the secondary grounds and will likely be reversed if appealed. The USSC has found repeatedly and consistently that servicemen have virtually no 1st amendment rights, having waived those rights upon enlistment.
The important part of this decision is that the court ruled DADT unconstitutional on 5th Amendment Due Process grounds. Also important is that the judge determined the correct standard of review to use was not Rational Basis, but instead was Heightened Scrutiny.
I'm happy to see that the judge in this case took a cue from Judge Walker and spent a lot of time developing her findings of fact. Nearly half the decision is dedicated to it. I think we are going to be thanking Judge Walker for his hard work for years and decades to come.
Ok, now it's making sense. When I went to bed last night I read headlines about how DADT was overturned on 1st Amendment grounds. True, the court did decide that, but that was the secondary grounds and will likely be reversed if appealed. The USSC has found repeatedly and consistently that servicemen have virtually no 1st amendment rights, having waived those rights upon enlistment.
ReplyDeleteThe important part of this decision is that the court ruled DADT unconstitutional on 5th Amendment Due Process grounds. Also important is that the judge determined the correct standard of review to use was not Rational Basis, but instead was Heightened Scrutiny.
I'm happy to see that the judge in this case took a cue from Judge Walker and spent a lot of time developing her findings of fact. Nearly half the decision is dedicated to it. I think we are going to be thanking Judge Walker for his hard work for years and decades to come.