Tune in to Rachel Maddow tonight for the latest on the Victor Fehrenbach lawsuit. Various sources suggest there is movement in the case, which may or may not mean that this high profile DADT dismissal is moving forward.
Today's NYT reports that attorneys for Fehrenbach have preemptively sued to block his dismissal under DADT. When Fehrenbach's homosexuality came to the attention of the Air Force, he was stationed in Idaho. This is highly significant, as the the Ninth District holds a higher standard for dismissal than any other Federal District in the US.
Quoting the NYT article:
Colonel Fehrenbach’s case rests heavily on a 2008 ruling by the United States Court of Appeals for the Ninth Circuit in which the court ruled that an Air Force major had been improperly discharged. The ruling in the case, Witt vs. Department of the Air Force, said that discharging service members for their sexuality was unconstitutional unless the government showed the discharge was necessary to significantly further an important government interest. The Witt ruling applies only to cases in the Ninth Circuit, which includes Idaho.
Further discussion of the Fehrenbach case and developments today are in "The Wonk Room." http://wonkroom.thinkprogress.org/...
Perhaps the most interesting aspect of this development is that Fehrenbach's lawyers have gone on the offence.
I am no expert on this case, but have realized that there is significant development here, which could also have great implications for other DADT cases. Wanted to get out the info so that interested people could watch Rachel's showl. Check out the links (given and described) and watch the Maddow show for more detailed info.
nyt linkj