DOJ Files Opposition to LCR Supreme Court Request to Vacate DADT Stay Order

Posted on 10 Nov 2010 at 6:44pm

MetroWeekly reports that the government has responded to the Log Cabin Republican request to vacate the stay that the Ninth Circuit placed on Judge Virginia Phillips's injunction barring enforcement of 'Don't Ask, Don't Tell':

Dadt "In a filing at the U.S. Supreme Court this afternoon, the U.S. government, represented by acting Solicitor General Neal Katyal, asked the court to leave in place the stay of U.S. District Court Judge Virginia Phillips's injunction of the "Don't Ask, Don't Tell" policy. The government's argument would keep DADT in effect while the Log Cabin Republicans v. United States case is on appeal before the U.S. Court of Appeals for the Ninth Circuit."

The response was requested from Justice Kennedy when the LCR application was filed.

Argues Acting U.S. Solicitor General Neal Katyal in the briefing: "It was entirely appropriate for the court of appeals to defer to the considered judgment of senior military leaders that any change in policy must be done in an orderly and careful manner in order to be successful."

Woods Wrote Dan Woods, lead attorney for the Log Cabin Republicans, in a statement:

"We have reviewed the government's opposition to Log Cabin's application to vacate the stay of Judge Phillips's injunction by the Ninth Circuit. In our view, the government's lengthy, detailed, 29-page brief does not address the two key arguments we presented to the Supreme Court.  First, we argued that the premise of the government's position–that it needs time to conduct an orderly process of repealing DADT–is entirely speculative because Congress has not and very well may never repeal DADT; the government's filing today does not address that issue.  Second, we argued that the Ninth Circuit order did not take into account the harm to servicemembers and potential enlistees resulting from the stay; the government's filing today does not respond to that point either.  At this point, all we can do is to look forward to a favorable ruling from the Supreme Court."

Added R. Clarke Cooper, Executive Director of the Log Cabin Republicans:

"It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court to halt this failed policy.  At the same time, President Obama remains far from the front lines of the fight for legislative repeal while commanding his lawyers to zealously defend 'Don't Ask, Don't Tell' in court.  This week Log Cabin Republicans have conducted meetings with numerous Republican senators potentially in favor of repeal, all of whom are waiting for the President's call.  The White House has been missing in action on Capitol Hill, undermining efforts to repeal 'Don't Ask, Don't Tell' in the final session of this Congress, potentially leaving the judiciary as the only solution for our brave men and women in uniform."

View the brief, AFTER THE JUMP

US-response-10A465-11-10-10


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