Friday, October 29, 2010
Should Federal District Court Judges Make Pentagon Policy
Pro-military advocates are warning against the dangers of letting federal district court judges start making significant Pentagon policy, saying it would essentially turn the military over to a network of political appointees who could be swayed by various pressure groups.
If a district court judge in one unilateral order can strike down a legal ban on open gays in the military, as did federal Judge Virginia A. Phillips, then such judges also could strike down the prohibition on women in land combat, or rules on wearing a uniform, or requirements for grooming, or even the war against al Qaeda.
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My Comment: With many judges now viewing themselves as "agents for change", their intervention on military issues and policies is not a surprise. Pro-military advocates are correct in expressing their concerns .... and they know that there will be more judicial interventions in the future.
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