Oh, I know his rationalization. I just think that he's gambling in a major way here, and really judicial and legislative have the same degree of power since both can be overturned by various means. Also, I think the fear about challenges of other acts of Congress dying in lower courts is more iffy because most of those acts have more weight and better arguments to protect them. Whereas DADT is, by its nature, iffy constitutionally.

That said, I get the appeal. I don't like it but I get it for the reasons you've mentioned and others. What makes this a super large thorn in people's side is the emergency stay, and that I cannot defend in any way, shape or form. This is not an emergency. Appeal fine. But do not act like this is some MAJOR threat to the stability of the military in the meanwhile. We have real emergencies. Thus lies my full disappointment with the administration.