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- Newsgroups: misc.legal
- Path: sparky!uunet!think.com!enterpoop.mit.edu!bloom-picayune.mit.edu!athena.mit.edu!jfc
- From: jfc@athena.mit.edu (John F Carr)
- Subject: Re: executive orders
- Message-ID: <1993Jan25.122228.12984@athena.mit.edu>
- Sender: news@athena.mit.edu (News system)
- Nntp-Posting-Host: achates.mit.edu
- Organization: Massachusetts Institute of Technology
- References: <1993Jan24.060929.11298@athena.mit.edu> <1993Jan24.071407.2582@midway.uchicago.edu>
- Distribution: usa
- Date: Mon, 25 Jan 1993 12:22:28 GMT
- Lines: 30
-
- In article <1993Jan24.071407.2582@midway.uchicago.edu>
- thf2@midway.uchicago.edu writes:
-
- >> 3. end to ban on gays in military
-
- >>The reports on this issue that I heard last year said this would require an
- >>act of Congress. Would a Clinton order preventing enforcement of the
- >>anti-gay regulations be illegal?
-
- >Truman desegregated the military with an EO.
-
- Was the segregation based on law or custom? i.e. did Congress say "the
- miltary shall be segregated" and Truman say "I don't care, I'm desegregating
- anyway"? or had the military always been segregated and nobody thought to
- write a law requiring segregation?
-
- If Truman violated the law by desgregating, or Clinton by unilaterally
- ordering the homosexual ban removed, would anyone would have standing to sue
- for enforcement of the law?
-
-
- I had CNN on my TV last night, but wasn't paying much attention. It sounded
- like someone said (s)he expected the courts to order the homosexual ban
- lifted within a few years if neither Clinton nor Congress took action first.
- Is this likely (1) with the current court (2) with a court containing 2-3
- Clinton nominees able to survive the Senate Judiciary Committee?
-
-
- --
- John Carr (jfc@athena.mit.edu)
-