"Obama’s go-slow 'don't ask, don't tell' plan backfires."

The headline in Politico.

In 1993, President Bill Clinton nearly derailed his presidency with an early move to end the military’s ban on gay service members. Aides scrambled to craft the “don’t ask, don’t tell” policy as a compromise to get the politically radioactive issue off the new administration’s back.

President Barack Obama’s aides were intent, above all else, on not repeating that experience when it came to carrying out their campaign promise to open up the military to gays, so they moved cautiously.

Give them credit: They found a new way to screw things up.

The result: Obama now faces his own political crisis over the issue that threatens his support from key Democratic constituencies, undermines his relationship with the Pentagon and puts him in the odd position of defending a practice he has denounced as discriminatory and harmful to national security.

“It’s crazy that all this is happening 2½ weeks before a national election,” said Richard Socarides, an adviser to Clinton on gay issues during the ’93 fiasco. “The timing could not be worse for them, but it was fairly predictable that their strategy of postponing and delaying getting into this stuff was, at some point, going to come back to haunt them.”

So, this technique of going slow resulted in the troublesome matter heating up at exactly the point when they least wanted us to notice. Poetic justice.

The article has a lot of detail on the way the lawsuits progressed in court, including the decision not to appeal the 9th Circuit case (Witt) that would have brought the question of the constitutionality of DADT to the Supreme Court — with Elena Kagan, then Solicitor General, defending the statute.

Meanwhile, there was the Log Cabin Republicans' lawsuit, which was filed in 2004 and proceeded terribly slowly under Judge George Schiavelli (a Bush appointee). Schiavelli resigned in 2008, and the new judge, Virginia Phillips, a Clinton appointee, got things going, and she hit Obama with her decision that DADT is unconstitutional on September 9th of this year. Ironically, her decision was based on the heightened scrutiny standard announced in the Witt case that the Obama administration chose not to appeal. Funny, the way a President can't control the courts.

Phillips said it was hard to accept the Justice Department’s arguments that the law was constitutionally sound when Obama was telling audiences that “reversing this policy ... is essential for national security.”

“Obama’s made a lot of statements that we’ve been using as evidence against the government,” said Log Cabin attorney Dan Woods. “They’re in a very awkward position.”

Tangled in their own web.

"Not backing down... President Obama has formally renominated five judges whose candidacies were previously derailed by Senate Republicans."

Sam Stein reports. (Is "reports' the right word?)

Obama's decision to renominate these figures demonstrates that the White House is not just willing, but eager to spotlight the remarkably slow pace of its judicial confirmations...

The administration has been left largely powerless to move Senate Republicans, save for somewhat-idle threats to keep Congress in session while individual nominations are debated. But they are finding more and more allies in their frustration from prominent judicial and political figures. On Monday, the American Constitution Society began circulating a letter signed by a group of former federal court judges appointed by both Democratic and Republican presidents, urging the Senate to take immediate action on languishing nominations.

Former federal court judges appointed by... Republican presidents? Surely, this is impressively neutral support for the President...  or so I will believe when we have a Republican President facing foot-dragging Democratic Senators and there's an equivalent letter signed by former federal court judges appointed by  Democratic Presidents.

Jeffrey Rosen on the two important race cases that will be argued in the Supreme Court in the next few days.

Northwest Austin Utility District v. Holder and Ricci v. DeStefano:

[Northwest Austin Utility District v. Holder] challenges Congress's reauthorization of the Voting Rights Act in 2006... But... Congress didn't engage in a serious empirical comparison of voting patterns in the areas of the country that are and aren't covered by the Voting Rights Act. The civil rights establishment was intent on preserving the status quo, which has led to the election of some African Americans in the South at the expense of the Democratic party as a whole; and ... neither Republicans nor Democrats were willing to acknowledge the evidence suggesting that discriminatory barriers to ballot access today, unlike the '60s, seem to be very rare....

[Ricci v. DeStefano is] the most controversial affirmative action case of the term, involving the promotion of firefighters in New Haven. In 2003, the city administered a promotion test. The test was validated by independent experts, as federal law requires, to ensure that it focused on job-related skills rather than purely cognitive ones. But, after the test was administered, none of the top-scoring candidates for 15 positions turned out to be African American. (Fourteen were white, and one was Hispanic.) ... [T]he city refused to certify the exam and promoted no one. The city was then sued by 19 white firefighters (and one Hispanic) led by Frank Ricci, a sympathetic 34-year-old white man. Ricci, who is dyslexic, spent more than $1,000 buying the study guides recommended by the city and paying an acquaintance to record them as audiotapes, which he listened to as he drove to and from work.

The Ricci case is a nightmare for moderate liberal supporters of affirmative action, because it presents the least sympathetic facts imaginable. The Supreme Court has said repeatedly that affirmative action is most troubling when its burdens are concentrated on a few innocent white people rather than being widely dispersed among a large group of white and black applicants....

If the Supreme Court strikes down part of the Voting Rights Act and the New Haven affirmative action program, [it] would force Obama to articulate a moderate, middle-of-the-road position on race that is rooted in empirical evidence rather than ideology....

With all the other problems facing the country--from the economy to the war on terrorism--Obama has no incentive to take on liberal racialists who believe we've made little progress on race since the 1960s or conservative color-blind partisans who insist that anti-discrimination laws are no longer necessary. But everything in Obama's background suggests that he has the inclination and ability to help the country transcend the extremes that have defined our racial politics for too long.

I added the boldface.