Judge Virginia A Phillips, US District Court, Central District of CA, has issued an injunction which halts enforcement of the Pentagon’s discriminatory “Don’t Ask, Don’t Tell” policy, after ruling it unconstitutional last month on Sept 9, .
“This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking,” said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. “While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect.”
From the injunction ruling itself: (pdf download http://www.ServicemembersUnite… )
(3) Orders Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. 654 or its implementing regulations, on or prior to the date of this judgement.
(4) Grants Plaintiff Log Cabin Republican’s request to apply for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412
(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.
IT IS SO ORDERED.
Virginia A Phillips
United States District Judge
dated October 12, 2010
A writeup yesterday from Law.com thinks that the Obama administration will continue to defend DADT, instead of letting the policy just die, while waiting for Congress to further write a new law, Sec of Defense Gates to complete his “study and survey,” and the Supreme Court to eventually issue their opinion on the appeal.
Senators Gillibrand and Udall have sent a public letter urging Attorney General Eric Holder not to appeal, saying such could hold back Congress further.
Still, several signs indicate that the Obama administration plans to continue to defend Don’t Ask, Don’t Tell. When asked about the government’s next move, Justice Department spokeswoman Tracy Schmaler said in an e-mailed statement to The National Law Journal: “The Justice Department is defending the statute, as it traditionally does when acts of Congress are challenged.”
The Justice Department already has filed an opposition to a proposed permanent injunction that would bar enforcement of Don’t Ask, Don’t Tell worldwide. In it, the government said that an injunction, if granted, should be limited to members of the Log Cabin Republicans.
If Phillips grants the injunction, the government could ask the 9th Circuit for a stay pending any appeal and for a stay to be granted, said Adam Winkler, a constitutional law professor at the University of California at Los Angeles School of Law. “If she enters a permanent injunction without a stay of appeal, it will seem like a power grab,” he said of Phillips. “The 9th Circuit won’t look kindly upon it.”
As I pointed out previously, the Log Cabin Republicans are Republicans, and to limit the stay of this discriminatory law to their group, says that the US Constitution is not political party neutral, and the Obama Administration thinks only Republicans are qualified to deserve civil rights and equal protection under the law. Another lawyer in the article pointed out there is a tendency for the judiciary to “defer” to the military. The last time I looked, there is absolutely nothing in the Constitution which stated that military service can only be performed by members of one specific political party. The Commander in Chief is still an elected civilian position, no party specified, at least in stated law. Membership qualifications in a political party to obtain full benefit of the law, even military law, reeks of codified bribery.
The solution is obvious, the Attorney General of the U.S. should not appeal this ruling, to do otherwise implies Justice is for Sale, and our military forces are open to the highest bidder vying for the attention of one of 100 Senators. This becomes an issue of national sovereignty. Let DADT die. Its time has passed.
previous diaries on this:
Holder’s DOJ Attorneys Behaving Badly, File Objection on Dadt overturn
DADT Overturned, How Hard Will Obama Admin Defend It ?