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In many ways, the ruling on Thursday by a federal judge that found the “don’t ask, don’t tell” policy toward gay and bisexual members of the military unconstitutional is good news for the Obama administration.
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But things are rarely as straightforward as they seem in Washington, and in other ways the decision presents the White House and Congressional Democrats with a problem. To begin with, the administration, compelled to defend existing laws, may well appeal the ruling by Judge Virginia A. Phillips of Federal District Court in California declaring the existing policy unconstitutional.
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Further, while groups that support a ban are now ratcheting up pressure on members of the Senate to vote on a measure ending the policy, there is a slim chance that the bill will make it to the floor before Congress heads home next month to campaign for the midterm elections.
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The government has 60 days to file any appeal of the ruling, which puts the administration in an awkward position among the liberal base voters who have been pressing for repeal of the policy.
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[A]t least one Democrat, Senator Jim Webb of Virginia, has expressed concerns about such a repeal, and it is not clear whether Democrats have the necessary 60 votes to move the legislation.
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