thanks for posting this. problem is, this ruling really isn't binding. the supreme court has already ruled that it will not interfere with military policies like this one (for example, why they ruled it was constitutional to exclude women from the draft) and therefore, this lower federal court cannot either. it was supposed to follow the rule set by the supreme court and didn't. it's going to be appealed, the supreme court will take it and overrule it, no doubt in my mind. but it's good for courts to give messages like this to the supreme court. as stubborn and conservative as the supreme court is right now, they will start to change their holdings if they think the country is moving in that direction. though i don't think this country is moving in that direction as much as many of us would like it to.
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problem is, this ruling really isn't binding. the supreme court has already ruled that it will not interfere with military policies like this one (for example, why they ruled it was constitutional to exclude women from the draft) and therefore, this lower federal court cannot either. it was supposed to follow the rule set by the supreme court and didn't. it's going to be appealed, the supreme court will take it and overrule it, no doubt in my mind.
but it's good for courts to give messages like this to the supreme court. as stubborn and conservative as the supreme court is right now, they will start to change their holdings if they think the country is moving in that direction. though i don't think this country is moving in that direction as much as many of us would like it to.
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