The legendary conservative litigator, who is currently pursuing the federal case to overturn California’s Proposition 8, suggested last night that Obama’s solicitor general is not in fact obligated to defend “don’t ask, don’t tell” in court to the hilt. For example, the administration could signal that, since the Supreme Court privacy ruling in Lawrence v. Texas, the policy is now unconstitutional. “It would be appropriate for them to say ‘the law has been deemed unconstitutional, we are not going to seek further review of that,’” said Olson, voicing an opinion echoed by former Justice Department counsel Walter Dellinger in today’s New York Times, and several experts in a Newsweek analysis posted yesterday. Of course, signing a bill from Congress overturning a law passed by Congress would obviously be preferable. But with the military changing its policy on gays serving openly almost day-to-day now, a rapid exit strategy might not be the worst PR call.
Ted Olson: ‘It Would Be Appropriate’ For Administration Not To Appeal DADT Injunction [Think Progress]