Calling DOJ Arguments “Vague” & “Insufficient,” Judge Phillips For Now Rejects DOJ’s Stay Request

Posted on 18 Oct 2010 at 9:44pm

From The Advocate‘s Judge Skeptical of Govt. Arguments

A federal judge issued a tentative ruling Monday denying the government’s request for a stay in the injunction against “don’t ask, don’t tell” but will issue a final ruling by late Monday afternoon or Tuesday morning.

During a 25-minute hearing in Riverside, Calif., U.S. district judge Virginia A. Phillips wasted no time in rejecting the government’s position that barring DADT immediately would be an undue burden on the military, calling the arguments “vague” and “insufficient.”

…Phillips said there were “significant failings” in the evidence submitted by the Justice Department following her injunction issued last week. Though the government declined to put on evidence in the Log Cabin Republicans’ trial against “don’t ask, don’t tell” in July – instead relying solely on the legislative history of the statute – DOJ attorneys submitted a declaration to the court last week from a top Pentagon personnel official who warned against any abrupt change in the policy.  

“[T]he military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the Nation is involved in combat operations overseas,” the official, Under Secretary of Defense for Personnel and Readiness Clifford Stanley, wrote. “The magnitude of repealing the DADT law and policy is demonstrated by the Department’s ongoing efforts to study the implications of repealing DADT[.]”

From the Los Angeles TimesJudge tentatively rejects ‘don’t ask, don’t tell’ stay request The federal government had asked to delay enforcement of the ruling allowing gays to openly serve in the military. A final decision will be made later Monday or Tuesday:

A federal judge in Riverside who halted the military’s “don’t ask, don’t tell” policy on Monday issued a tentative ruling rejecting a federal government’s request to stay enforcement of the landmark ruling while the government appeals.

Paul Freeborne of the U.S. attorney’s office had urged the judge to halt implementation of the injunction while the federal government appealed the decision.

U.S. District Judge Virginia Phillips said she would issue a final decision later Monday or Tuesday.

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