Don't Ask Don't Tell: is the end near?

[Voronwë the Faithful]

The House has passed the stand-alone measure. The Senate appears to have sufficient votes, if they can actually get to come to a vote.

House passes 'don't ask, don't tell' repeal

[Holbytla]

I saw that today, but I can't say I have a lot of faith in the Senate. I could see some stone walling in their future. While this version isn't tied to any other legislation, there is talk of the support being tied to whether the tax bill gets passed and we do have a lame duck Congress which may come into play.

[Voronwë the Faithful]

I will say this (though it may be a bit controversial). If it comes done to the current Senate spending the time to vote on and pass the New START treaty with Russia or voting on and passing DADT repeal, I would prefer that they do the former. As much as I would like to see DADT repealed, I think the treaty is much more important.

[River]

^^^ What he said.

[River]

^^^ What he said.

And I'd like to throw in a disgruntled comment. I work for the feds and I don't get two weeks off at the winter holidays. Why do those monkeys over in the Legislative Branch get such luxury?

[Teremia]

I agree with you, Voronwë. Messing up the START treaty is the kind of irresponsible foolishness that comes back to bite you later.

(Although the sheer pettiness of demanding we wait to see what the Defense Dept. surveys show about the possible effects of repealing DADT, and then, once that report is in and shows--surprise--that nothing much would happen, still stalling, makes me grind my teeth.)

[Primula Baggins]

And the fact that the Republicans will probably be able to use the START treaty to push the DADT vote off the agenda.

[Voronwë the Faithful]

Unfortuately, the chances of both the treaty being ratified and DADT took a big hit today with the news that Oregon senator Ron Wyden is likely to miss both votes after being diagnosed with prostrate cancer and scheduling surgery for next week. Thankfully, his prognosis is good, but the timing is unfortunate, with both votes being so close.

Edit: Actually, his missing the vote may not be as much of a problem for the treaty ratification. If I understand correctly, ratification requires at least two thirds of those voting to approve it. So if all 100 Senators vote, 67 would be needed. However, if only 99, vote, only 66 would be needed. As opposed to the 60 vote requirement to defeat a filibuster which is determined by the number of total senators, regardless of how many actually vote. I think. Can anyone confirm that is correct?

[Primula Baggins]

Oh, no. Ron Wyden is a good guy. Not that I'd wish this on anyone.

[Voronwë the Faithful]

Wyden is a good guy. I does sound like his prognosis if very good, however, since the cancer was caught early. And let me be clear that I am in no way suggesting that he should have postposed his surgery in order to make sure that he doesn't miss any votes. I certainly don't believe that is true.

[Primula Baggins]

No, I would never imagine you thinking that way.

[Voronwë the Faithful]

The vote on Dont Ask Don't Tell is apparently now scheduled for Saturday (after a vote on the DREAM Act). Harry Reid abruptly pulled the omnibus spending bill off the schedule and replaced it with a temporary spending extension, which left more time for the other votes.

[nerdanel]

Four Republican Senators now have announced their support for the bill - in addition to Susan Collins, a co-sponsor, we now have Scott Brown (MA), Lisa Murkowski (AK - of write-in fame), and Olympia Snowe (ME).

See here.

[Voronwë the Faithful]

The Senate just voted on cloture for DADT and it passed with 63 yes votes. So yes, the end is very near.

[Primula Baggins]

That's wonderful news, Voronwë!

[Primula Baggins]

The Senate just passed DADT repeal 65-31. So DADT is history (once Obama signs the legislation).

[Voronwë the Faithful]

Well, to be technical, after Obama signs the legislation there is a waiting period of 90 days waiting period and then the President, the Secretary of Defense and the Chairman of the Joint Chiefs will all have to certify that the repeal can proceed without damaging military readiness (though that should be a formality since all three have strongly called for repeal). It will probably be some months before the repeal is actually implemented.

Still, I am tempted to quote Vice President Biden's comment to President Obama about the health care law, except that it would include a banned word.

[Teremia]

Oh, good news for once! Yay!

[Primula Baggins]

I hope Obama does issue an order to stop all DADT investigations and discharge processes during those ninety days.

I suspect he will not. It might not look bipartisan.

[Voronwë the Faithful]

As a practical matter, there is no way that there will be any investigations or discharges during the implementation period. But that won't be due to an executive order by Obama, nor should it be in my opinion. Secretary Gates has sufficient authority in that matter. The only practical effect that the delay will cause will be to delay allowing former servicemembers who have already been discharged under the policy but wish to enlist to do so.

I remember how bitterly people complained about President Bush consistently using executive orders to get around the will of congress. For President Obama to use an executive order to cancel a provision of this law would be just the same as that. It has nothing to do with being (or "looking") "bipartisan". It has to do with respecting the parameters of our system of checks and balances.

Edit to add: By the way among the yes votes was one by Senator Wyden, who unexpectedly returned to the Senate today for the vote.