Friday, July 15, 2011

BREAKING: DOJ Seeks Emergency Stop to DADT Injunction

With the 9th Circuit Court last week lifting its stay of injunction, it puzzles me that Obama's administration is seeking an emergency stop. It makes me question whether Obama is playing some sort of political game here. He is going to lose serious capital in our community with this constant flip-flopping.
The Department of Justice has requested a short-term emergency stay from the 9th Circuit Court, which last week lifted its stay of an injunction halting enforcement of the ‘Don’t Ask, Don’t Tell,’ law barring gay and lesbian military personnel from open service.

Late last year, in the Log Cabin Republicans v. USA case, Judge Virginia Phillips found the ‘Don’t Ask, Don’t Tell’ law and policy unconstitutional, and ordered the military to cease enforcing the law by placing an injunction on the policy. The 9th Cir. later placed a stay on the injunction as the Obama Department of Justice continued to appeal the case. Last week the 9th Cir. agreed with Log Cabin lawyers from the law firm White & Case that there was no need to continue enforcing the DADT policy and that the injunction on the policy should be put back in place.

The move comes as the Pentagon moves into the final stages of certifying the repeal of ‘Don’t Ask,’ passed in December and signed into law. Once the Pentagon, the Defense Secretary and President certify that the military is ready to implement repeal, the last steps in the process of ending the law will follow a 60 day Congressional review period.


Source.

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