The Supreme Court has ruled quickly following the submission of a late brief from Log Cabin Republicans requesting that the stay of an injunction barring enforcement of the military's "Don't Ask, Don't Tell" by the Ninth Circuit Court of Appeals be vacated.
Wrote the court: "The application to vacate the stay entered by the United States Court of Appeals for the Ninth Circuit on November 1, 2010, presented to Justice Kennedy and by him referred to the Court is denied. Justice Kagan took no part in the consideration or decision of this application."
SCOTUS blog adds: "As a result of the order, the policy will remain in effect at least through mid-March, unless Congress in the meantime voted to repeal it legislatively — an unlikely prospect, according to most observers. The Ninth Circuit Court is reviewing a federal judge’s decision to strike down the policy and to impose a worldwide ban on its enforcement. The Circuit Court’s briefing schedule, however, will not be completed until late February or early March, and a hearing and decision would come after that…
…The order Friday technically denied a request (application 10A465) to lift a stay of the judge’s decision — in order words, the Justices were asked to allow District Judge Virginia A. Phillips’ ruling to go into effect pending the appeal in the Circuit Court and, perhaps ultimately, in the Supreme Court. Because the Justices’ order was a complete denial, it also meant that they had turned aside not only a plea to block the policy in full, but also an alternative request at least to stop the Pentagon from ordering any discharges under the policy."
Previously…
Log Cabin Republicans File Reply to Supreme Court Over DADT [tr]
DOJ Asks the Supreme Court to Let It Keep Enforcing DADT [tr]
Log Cabin'ers Make Their Next Move, to the Supreme Court [tr]
