Legal Commentary

Ninth Circuit Stays DADT Injunction

By Dale Carpenter

At the request of President Obama?s Justice Department, the Ninth Circuit has stayed, at least for now, an order from California District Judge Virginia Phillips halting enforcement of DADT. The Ninth Circuit panel consisted of Judges O?Scannlain, Trott and Fletcher. The order states:

This court has received appellant?s emergency motion to stay the district court?s October 12, 2010 order pending appeal.  The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.

Appellee [Log Cabin Republicans] may file an opposition to the motion for a stay pending appeal by October 25, 2010.  To expedite consideration of the motion, no reply shall be filed.

This is not very surprising. Given the importance of the change in military policy and the extraordinary scope of Judge Phillips? order, I would also expect the Ninth Circuit to enter a stay pending appeal.  And if it doesn?t, I?d expect that the Supreme Court will.

Meanwhile, with investigations of service members for homosexuality halted and with openly gay men and women enlisting over the past week, the clock has been ticking.

(HT: Chris Geidner)

Full post as published by The Volokh Conspiracy on October 20, 2010 (boomark / email).