Federal Judiciary

Brief delay of military gay ruling

By Lyle Denniston

A federal judge who struck down the Pentagon’s ban on gays serving openly in the military promised a prompt ruling on the Obama Administration’s plea for a postponement, but indicated she is leaning toward refusing to do so.  U.S. District Judge Virginia A. Phillips said she would rule early later Monday or on Tuesday, tentatively putting her order on hold while she studies the issue, according to news reports from Riverside, CA.

Judge Phillips had been told by the Justice Department that, if she had not acted by midday on the stay request, government lawyers would go to the Ninth Circuit Court for a stay so that the “don’t ask/don’t tell” policy would remain in effect while they appeal.  But the judge called a hearing for the afternoon, so the Department’s vow not to wait was put aside temporarily.  When the hearing began, she noted her inclination not to suspend her injunction during a government appeal.

Full post as published by SCOTUSBLOG on October 18, 2010 (boomark / email).