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Ninth Circuit Grants Stay of DADT Ruling Pending Appeal

The Ninth Circuit Court of Appeals has granted the government its request for a stay in the injunction barring enforcement of 'Don't Ask, Don't Tell' pending appeal, the AP reports:

Dadt "Monday's decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals means gay Americans who disclose their sexual orientations still can't enlist in the armed forces and can be discharged. The panel granted the government's request for a stay while it challenges the trial court's ruling that the ban on openly gay service members is unconstitutional. The same panel imposed a temporary hold keeping 'don't ask, don't tell' in place last week. Monday's ruling also heightens pressure on the Obama administration to persuade the U.S. Senate to repeal the 1993 law before a new Congress is sworn in."

The SF Chronicle adds: "The court has scheduled written arguments in the case through early March but has not set a hearing, which will be held before a different panel. The stay will remain in effect during the government's appeal, which could take a year or more. Daniel Woods, lawyer for Log Cabin Republicans, the gay-rights group that sued to overturn the law in 2004, said he may ask the U.S. Supreme Court to lift the stay."

The Wonk Room notes:

In an eight-page decision, the justices identify “three reasons that persuade us to grant a stay pending appeal”:

- First, Acts of Congress are presumptively constitutional, creating an equity in favor of the government when balancing the hardships in a request for a stay pending appeal.

- Second, “‘judicial deference . . . is at its apogee’ when Congress legislates under its authority to raise and support armies.”

- Third, the district court’s analysis and conclusions are arguably at odds with the decisions of at least four other Circuit Courts of Appeal: the First, Second, Fourth, and Eighth.

Here's the order:

DADT Stay Order

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Comments

  1. Stay or no stay, the military has already put into place a new process requiring approval from the very top of the Pentagon hierarchy to pursue a DADT case. This isn't going to change.

    The effect is a virtual moratorium on DADT prosecutions. December will see the delivery of the report, and things will progress just as they were planned months and months ago.

    Posted by: BobN | Nov 1, 2010 9:50:18 PM


  2. @ ZLICK: Are you independently wealthy or somehow so handicapped that you've never had to/been able to work for someone for a living? Those are the only two objective options for explanation of your assinine comment about Obama having nothing to do with the court's decision.

    Mary, the Dept. of INjustice WORKS for Obama. The name at the top of all the filings defending DADT....and DOMA....is that of Tony West, handpicked by Obama to be Assistant Attorney General just like Eric Holder was handpicked to be AG. Ya see, employees do NOTHING of such high import AND PUBLIC PROFILE without the PERMISSION OF THEIR BOSS. And, who, Mary, is that again? That's right, Your Lord & Savior Obama Christ. [And, yes, we know HE's not on the ballot technically tomorrow, and while I'M voting straight Dem, many of the millions who won't be are voting AGAINST HIS FUCK-UPs....and 99% of them have NO IDEA of his betrayals of gays.

    As for BOBN: Honey, Sweetie, Baby, if you don't think the Pentagon is just biding their time until they can shit can gays willy nilly with impunity then you are SUCH a fool you should do the world a favor and kill yourself.

    “The Huffington Post,” June 3, 2010:

    “Pelosi said the House WEAKENED ITS REPEAL LANGUAGE [in the 'compromise amendment'] TO MOLLIFY THE WHITE HOUSE. Military leaders REFUSED TO ACCEPT LANGUAGE THAT WOULD BAR DISCRIMINATION, so the clause was dropped.”

    Hold out your hand, Helen, and I'll spell it out for you:

    If a serial killer claims he'll never kill again, he just wants to keep his gun, DO NOT turn your back on him.

    Posted by: Michael @ LeonardMatlovich.com | Nov 1, 2010 10:05:52 PM


  3. "As for BOBN: Honey, Sweetie, Baby, if you don't think the Pentagon is just biding their time until they can shit can gays willy nilly with impunity then you are SUCH a fool you should do the world a favor and kill yourself."

    Do yourself and me a favor and pretend I'm already dead. That way you don't have to comment about anything I post.

    Fools like you are why an orderly process towards repeal has turned into a clusterfuck of enormous proportions.

    Posted by: BobN | Nov 1, 2010 10:30:21 PM


  4. Michael, are you insinuating that the justices of the Ninth Circuit work for the Obama administration, or are you just dense?

    Just because Obama's justice department requested a stay does not mean they are responsible for it happening. The Log Cabin Republicans are just as responsible. Each side presents its case, and the court decides. So unless you are alleging the justices are in Obama's pocket and the whole thing is rigged, I suggest you come off your high horse of insulting me and realize that nothing has changed today vis-a-vis Obama and his justice department. That department requested a stay and that's still all they have done. Granting the stay is not their accomplishment.

    If people are still justifiably angry that Obama is pursuing this appeal, and today's ruling simply REMINDS them, then fine. But nothing has changed today on the part of Obama or the justice department.

    I'm hardly an Obama supporter or apologist. I will never vote for the man again. But today's ruling is not his doing, even though the ruling is in his favor.

    Posted by: Zlick | Nov 1, 2010 11:31:08 PM


  5. Well, at least you'll never vote for Barry again, BRAVO. But if you don't understand "cause and effect" you're STILL an idiot in general.

    Posted by: Michael @ LeonardMatlovich.com | Nov 1, 2010 11:57:14 PM


  6. "Be mad at the court if you like. But this has zero to do with any election."

    You are a very naive little man (or woman). Why should we be mad at the appellate courts? It was OBAMA'S administration that SOUGHT AN APPEAL AND A STAY. The courts do not give such a thing automatically, YOU HAVE TO ASK FOR IT. Why are you trying to LIE about this and twist it around?

    Ted Olson, and some (very few) democrats have called on OBAMA not to file for appeal and HE DID. What part of HE FILED FOR AN APPEAL don't you understand?

    Posted by: pepa | Nov 2, 2010 12:59:43 AM


  7. Every if every gay man and woman in the military came out publically tomorrow, the military would lose about 15% of it's force. It would be thrown into utter chaos.

    not to mention the intel community, but never mind that. yes, you're completely right. a single mass action and the military would be faced with not even a choice, really. they would have to give up this ridiculous policy once and for all. but of course, the closet cases who serve would never, ever do anything like that. for them, it's part of the fun. i guess the sex must be pretty good in there but then again i have high class tastes so what would i know about the coat hanger crowd. no, DADT remains because the queer warriors want it that way. it makes them more manly, or something. just like dropping bombs on wedding parties using drones 6000 miles away does.

    Posted by: chidy | Nov 2, 2010 8:14:58 AM


  8. Pepa, what part of Obama's justice department requested an appeal many, many days ago do YOU not understand? Nothing Changed Yesterday on that. Granting the stay is an action of the court. Not an action of Obama. Requesting the stay is the action of Obama, and that happened many, many days ago - Not Yesterday. Sheesh.

    Posted by: Zlick | Nov 2, 2010 10:25:09 AM


  9. After frequent email complaints to Obama, I finally got a response. If anyone would like to read it let me know and I will post it here. Lengthy, but still only talk from a betrayer. And now this appeal granted to Obama's DOJ.

    GO F*** yourself Obama.

    Posted by: Robert | Nov 2, 2010 12:59:12 PM


  10. This really shouldn't be an issue

    Posted by: military boots | Nov 7, 2010 1:34:57 AM


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