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Question of the Day
Court asked to lift ‘don’t ask’ for appeal
SAN FRANCISCO | A gay rights group that successfully sued to overturn the military’s “don’t ask, don’t tell” policy said Monday that national security would not be irreparably harmed by allowing gays to serve openly while the federal government appeals the case.
The Log Cabin Republicans organization asked the 9th U.S. Circuit Court of Appeals to let stand an order by a lower court that barred the policy.
The move came after a three-judge panel of the appeals court imposed a temporary stay that in effect reinstated “don’t ask, don’t tell” eight days after U.S. District Judge Virginia Phillips issued a worldwide injunction halting its application.
The panel is considering whether to extend the ban during the appeal by the federal government. The Log Cabin group was given until Monday to present arguments.
President Obama favors repealing the Clinton-era law but wants it done by Congress. However, lawyers for the Log Cabin group argued that the Obama administration has not proven that allowing gays in uniform would be problematic.
Priest-abuse papers released to public
SAN DIEGO | Newly released documents show the Diocese of San Diego long knew about abusive priests, some of whom were shuffled from parish to parish despite credible complaints against them.
Attorneys for 144 people claiming sex abuse made the papers public Sunday, after a retired San Diego Superior Court judge ruled last week that the previously sealed documents could be released.
The nearly 10,000 pages of records were from the personnel files of 48 priests who were either credibly accused or convicted of sexual abuse, or were named in a civil lawsuit.
The documents detailed one decades-old case in which a priest under police investigation was allowed to leave the U.S. after the diocese intervened.
The plaintiffs in the lawsuit settled with the diocese in 2007 for nearly $200 million, but the agreement stipulated that an independent judge would review the sealed personnel records and determine what could be made public.
By Andrew P. Napolitano
Fourth Amendment says Obama is not at liberty to collect metadata
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