Wednesday, October 20, 2010
Well that didn’t take long!
Less than 24 hours after U.S. Federal Judge Virginia A. Phillips denied the Obama DOJ’s request for a stay of her ruling against any further enforcement of the ban on openly gay and lesbian Americans serving in the military, Chris Geidner at Metro Weekly breaks the news that the Department of Justice ran screaming to the U.S. Court of Appeals for the Ninth Circuit asking for an emergency stay of Judge Phillips order halting enforcement of the “Don’t Ask, Don’t Tell” policy.
The injunction, which was issued on Oct. 12, was the result of her September decision in Log Cabin Republicans v. United States that DADT is unconstitutional.
In its filing, DOJ attorneys say:
We respectfully request that the Court enter an administrative stay today, October 20, 2010, pending this Court’s resolution of the government’s motion for a stay pending appeal, which would maintain the status quo that prevailed before the district court’s decision while the Court considers the government’s stay motion.
Geidner says the request likely will be heard by the “motions panel” in October, which includes Judges O’Scannlain, Trott, and W. Fletcher.
The government attorneys argue that Log Cabin Republicans does not have standing to maintain the case, a point that was argued by the government unsuccessfully at trial.
DOJ goes onto argue:
“The government has also shown a likelihood of success in its argument that the district court erred in ruling § 654 [the DADT law] unconstitutional on its face.”
Lastly, the Obama DOJ argues that the remedy, the worldwide injunction against all enforcement of DADT, is improper because no class had been certified in the case. In other words, because this was not a class-action lawsuit, representing all those impacted by the alleged wrong, an all-encompassing injunction like that ordered by Phillips is improper.
Read the entire Obama DOJ request here: DOJ9thCirStayRequest.pdf
At least we know now beyond a doubt that the Obama administration has declared war on America’s LGBT community, as well as the U.S. Constitution, as it clumsily and haphazardly attempts to defend a policy declared unconstitutional by two U.S. Federal judges.
President Obama can never again claim to be our “fiercest advocate.” In fact, Obama is our most reliable enemy.