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Like he has not upheld as the case with predecessors. >>shepard: has not enforced. so it sounds from hearing from the 9th circuit court they believe that court believes this law is unconstitutional. >>guest: the trial judge rules it is unconstitutional and then expands the rules and says to the defense department you cannot enforce this. the justice department has not yet appealed the declaration that it is unconstitutional. but they do not have to. they did appeal the injunction to the defense department. rather, to the 9th circuit. the injunction was reversed by the 9th circuit which said, y...

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Other. it looks like this "don't ask, don't tell" will go but not until the spring. >>shepard: how much is politics? it would be politically beneficial to the president for the base. >> i would think it is beneficial not to resist this appeal. there are instances the president is not doing that in the past. but he wants to play both sides. >>shepard: how big a change is it if it is ruled by the supreme court or the 9th circuit court of appeals that you can't discriminate in that way? does that change things in a grander scope and apply to other parts of life? >> the military voluntarily restri...