Rowan Scarborough:
Pro-military advocates are warning against the dangers of letting federal district court judges start making significant Pentagon policy, saying it would essentially turn the military over to a network of political appointees who could be swayed by various pressure groups.
If a district court judge in one unilateral order can strike down a legal ban on open gays in the military, as did federal Judge Virginia A. Phillips, then such judges also could strike down the prohibition on women in land combat, or rules on wearing a uniform, or requirements for grooming, or even the war against al Qaeda.
Judge Phillips went beyond ruling the gay ban unconstitutional and letting appeals courts weigh in: She ordered the Pentagon to stop enforcing it — worldwide.
"The federal judging is intervening here in a way that I regard as unconstitutional," retired Air Force Gen. Merrill McPeak told The Washington Times. "The Constitution says that it's Congress that sets rules and regulation for the armed forces, not some federal judge."
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This is what I said when I first reported on the judge's order. It is nice to see others are recognizing the problem.
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