LCR’s proposed injunction on DADT will ‘cover all military installations’ — expect Obama admin. to object

Posted on 16 Sep 2010 at 1:44pm

Karen Ocamb has done consistently excellent work covering the Log Cabin Republican’s lawsuit against DADT. She reminds us that, per the Judge’s instructions, the lawyers for LCR will be submitting their proposed injunction language today:

Meanwhile, in the other major development on the DADT front – District Court Judge Virginia A. Phillips, who ruled on Sept. 9 that the military’s Don’t Ask, Don’t Tell policy is unconstitutional, gave both sides a deadline of between Thursday and next Thursday, Sept. 23 to submit briefs on the permanent injunction against enforcing DADT.

Dan Woods, (pictured) the straight Republican the lawyer in the Log Cabin case, told me:

“As per the judge’s order, we plan to submit tomorrow (early afternoon) a proposed permanent injunction that would prevent any further application of DADT. The government then has a week to object to our proposal. The judge would then be expected to sign either our proposed injunction or a modified version of what we submit.

Our proposed injunction would cover all military installations, wherever located. We expect the government to object to this and try to limit it to California but feel we are on solid ground.

Once the judge signs the injunction, the government is free to appeal. I have no idea whether it will. If it does, it will also move for an order staying the injunction pending the appeal. We will vigorously oppose any such motion.”

Mike Signorile interviewed Woods on his show last week. He posted the audio. From Mike:

[Woods'] comments and observations are very important and under why the Obama administration must not appeal the case if the president truly believes the ban should end. And we should not accept the Department of Justice appealing the case. There simply is no reason to do so. This ruling would effectively end the ban across the country if it is allowed to stand. The judge ruled DADT unconstitutional and granted a request for an injunction to halt the discharges nationwide. Woods has until the end of the week to draw up the language of the injunction, and then the administration has seven days to respond. But, as Woods describes it, the only Department of Justice response that will change anything regarding her ruling would be an appeal. The judge is set to halt the discharges unless she is stopped by an appeal to the 9th Circuit Court of Appeals:




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