The Obama DOJ gets its wish. MetroWeekly‘s Chris Geidner’s on the case:
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued a temporary stay of U.S. District Judge Virginia Phillips’s Oct. 12 order in Log Cabin Republicans v. United States halting all enforcement of the military’s “Don’t Ask, Don’t Tell” policy.
After DADT had been halted from enforcement for nearly 200 hours, the Ninth Circuit order legally makes DADT enforceable again for the time being.
In a brief order, Judges O’Scannlain, Trott and W. Fletcher wrote:
This court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.
Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010. To expedite consideration of the motion, no reply shall be filed.
What this does NOT stop is the current guidance stated by the DOD to abide by the terms of the injunction until told to not to. Wait and see…
Reactions below the fold.
Log Cabin Republicans:
“Today the President Obama and his attorneys have prolonged the injustice that is ‘Don’t Ask, Don’t Tell’ at the expense of the constitutional rights of gay and lesbian servicemembers,” said R. Clarke Cooper, Executive Director of Log Cabin Republicans. “For over eight days the armed forces have not only survived but thrived without the burden of this failed policy. It is disappointing the Obama administration has forced the military into a see-saw of ‘on-again, off-again’ enforcement of a law which remains an unnecessary distraction for military commanders and their subordinates.”
“While we are disappointed with the court’s ruling granting a temporary administrative stay, we view the decision as nothing more than a minor setback,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans in Log Cabin Republicans v. United States of America. ”We didn’t come this far to quit now, and we expect that once the Ninth Circuit has received and considered full briefing on the government’s application for a stay, it will deny that application, and the district court’s injunction, which it entered after hearing all the evidence in the case, will remain in place until the appeal is finally decided.”
The Palm Center:
In a filing to the 9th Circuit Court of Appeals today, government lawyers reiterated unsubstantiated assertions that last week’s suspension of “don’t ask, don’t tell” is harming the military. According to government lawyers, “implementing an immediate change to this longstanding statutory policy without providing proper training and guidance would be disruptive to military commanders and to servicemembers as they carry out their mission and military responsibilities, especially in active combat.” Defense Secretary Robert Gates first articulated this claim when he said last week that the suspension of the ban would “have enormous consequences for our troops.”
Palm Center scholars respectfully request that the Pentagon document any evidence of any negative consequence that has resulted from the past 200 hours during which gays and lesbians have been allowed to serve openly.
Aaron Belkin, Director of the Palm Center:
“The RAND Corporation found seventeen years ago that the best path to allowing open gay service would be to swiftly end the policy and make a clear statement to all branches of the military. The more the courts and politicians treat ending ‘don’t ask, don’t tell’ as a vast upheaval of existing policy requiring months of preparation, the further they deviate from the course that has been shown to be best for our service members.”
HRC Statement on 9th Circuit Stay of “Don’t Ask, Don’t Tell” Decision:
“The revival of the ‘Don’t Ask, Don’t Tell’ law is a sad day for all Americans who want the best and brightest service members defending our country. Today’s decision only furthers our resolve to send this law to the dustbin of history and also draws a spotlight on the administration to make good on their pledge to end these discharges that damage our national security.”
“While we are obviously disappointed that the injunction was temporarily stayed, we hope that the Ninth Circuit will recognize the inherent contradiction in the government’s arguments for a longer stay in light of eight full days of non-enforcement with no ‘enormous consequences,’” said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “An objective look at the evidence before the court clearly indicates that ending ‘Don’t Ask, Don’t Tell’ would not harm military readiness, but would rather enhance it.”
Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:
“This interim temporary stay means that ‘Don’t Ask, Don’t Tell’ is once again on the books, and is likely to be enforced by the Defense Department. Gay and lesbian service members deserve better treatment than they are getting with this ruling. We now must look to the Senate next month in the lame duck session to bring about the swift certainty needed here and to repeal this unjust law that serves no useful purpose.”
James Esseks, Director of the American Civil Liberties Union Lesbian, Gay, Bisexual and Transgender Project:
“We are disappointed that the appeals court has allowed this unconstitutional and discriminatory policy to continue for even one more day, despite the district court’s order to stop enforcement. ‘Don’t Ask, Don’t Tell’ has compromised the effectiveness of our military for far too long. We urge the DOJ to drop its efforts to appeal, and to let stand Judge Phillips’ order banning the policy.”
“This temporary stay, sought by President Obama’s Department of Justice, brings the military’s discriminatory ‘Don’t Ask, Don’t Tell’ law back from the dead. It is a travesty that after numerous attempts, President Obama and Attorney General Eric Holder will go down in history as the Administration that breathed life back into ‘Don’t Ask, Don’t Tell.’ The lives and careers of openly gay and lesbian servicemembers are now back in the crosshairs of our government and a renewed commitment to discrimination falls squarely in the hands of this White House.”