District Judge Denies DADT Stay Sought by U.S.

Jurist reports that Judge Virginia Philips denied the government's motion for a stay of her injunciton forbidding enforcement of the Don't Ask Don't Tell policy enacted by Congress, according to this report on Jurist.


Reports later today are that the 9th Circuit stayed the injunction while it considers the merits:

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.

It is hard to see how the Circuit could do otherwise.  Compliance with the order would create a complicated situation in which some open homosexuals have been admitted to the military - at risk that the policy will survive, despite the hopes of plaintiffs, Judge Philips, and the Obama administration.  


The Department of Justice filed the appeal and sought a stay saying that though it opposes the DADT policy and seeks its repeal longstanding policy is that the government defends any statute which is susceptible of reasonable defense.  A decision voiding a statute which plainly expresses a plicy declared by Congress is such a law. (See DOJ brief on DADT page)