Quote:
Originally Posted by theking
It is not the military and it is not the Congress...nor is it a lower court judge that determines the constitutionality of laws...it is the Supreme Court that decides what is constitutional and what is not...and they ruled many years on DADT.
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From my brief look into it, the supreme court has not upheld it as it wasn't directly challenged. What was challenged was whether or not the governement could withhold funding from universities if they refused access to recruiters based on DADT. However, the recent court ruling is a direct challenge to it... Am I wrong in this? Never looked into its history before.