It appears to me that he wants to be sure that, before this reaches the SCOTUS level, a new policy will be in place so that the ruling is moot, and the court will have no other course than to confirm that he has already corrected the situation, thus locking in his way of handling it.
Since this paragraph is, legally speaking, gibberish, I doubt that's what he wants.
If the ruling is mooted, then the court won't touch it at all except to confirm that it's moot. Nothing will be "locked" at all as there will be no decision issued, and the court won't confirm nothin'.
There are details to be dealt with.
Details like "actually getting the Senate off its fat ass"? This particular scenario also assumes that Obama either has a hell of a lot more control over the Senate than he has, or that he's irrationally thinking that he can use his awesome powers of awesome to sway the new Tea Bagging senators to his will.
Actually, the whole subject of sodomy as addressed inthe UCMJ needs review and some revision. It even outlaws a lot of common heterosexual practices. I see no reason for the military to be concerned with anything that does not constitue rape or abuse of position.
Well, they see no reason to take your opinion seriously, either.
Esprit de corps and morale are legitimate aspects to military readiness. That's why "fraternization" is a crime, even if it's consensual. It creates the appearance of partiality and compromises the chain of command.
Playing cards with the wrong person can -- justifiably and legally -- be a court-martial offense. And for good reason; there were some interesting cases of this sort of abuse in WWII. Officers were -- literally -- playing poker with their subordinates after lights-out in violation of orders to the contrary. When the officers lost, they would avoid paying their debts by turning in their fellow players for administrative punishment.
You can imagine what this kind of betrayal-of-trust does to the unit cohesion.
The modern rules are very strict about what kind of social contact you can have precisely so that everyone feels comfortable around everyone else and trusts everyone else.
Yes, there's a possibly a high bathwater-to-baby ratio here; because a few officers welched on their gambling debts sixty years ago, no officer anywhere can play poker with an enlisted man. But that's exactly the kind of thing that makes the military different, and the SCOTUS respects that difference in the degree of deference they allow "military readiness" to control policy.