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Judge Phillips: There Will Be No Waiting On My DADT Ruling, OKTHXBI

Judge Virginia Phillips officially denied the government’s request for a stay to postpone her killing of Don’t Ask Don’t Tell while it exhausts the appeals process. DoJ’s next step is to ask the Ninth Circuit Court of Appeals in San Francisco to hear its case. Attorneys for the government did not show gay soldiers “irrevocably harmed” the military. More: “While Defendants’ interests in preventing the status quo and enforcing its laws are important, these interests are outweighed by the compelling public interest of safeguarding fundamental constitutional rights. The evidence Defendants submitted with this Application has not demonstrated otherwise.”

  • 8 Comments
    • Cam
      Cam

      This is fantastic and possibly far reaching. If it takes the 9th circut a year to hear the case, they are going to be much more unlikely to rule against gays because there will be the precedent of gays serving openly for a year. Courts are often more reluctant to take rights away from those who already have them. And if the Military hasn’t collapsed their arguments will be tougher to defend.

      Oct 20, 2010 at 10:12 am · @ReplyReply to this comment ·
    • rf
      rf

      Judge Phillips really effed with Obama and I love her for it (yes I know she’s just doing her job).

      Her injuction can be stayed pending appeal at anytime if Obama gets the 9th circuit and/or scotus to stop it (we don’t know if they would rule against her, but courts do seem to like to keep the status quo). so would be great if tons and tons of gays and lesbians enlist now while its possible. better to have a thousand openly gay servicemembers than a dozen.

      Oct 20, 2010 at 10:50 am · @ReplyReply to this comment ·
    • soul_erosion
      soul_erosion

      @CAM: Hi Cam, the DADT appeal is one of the rare expedited cases, the docket has already been set, parties shall meet the following time schedule: NOV 15-transcripts shall be ordered DEC 13-transcript filed by Court Reporter JAN 24- Appellant’s Opening Brief MAR 22-Appelee’s Answering Brief (then the optional Appellant’s Brief within 14 days of service of appelee’s brief). So we should have a decision within 6 months.

      Oct 20, 2010 at 10:51 am · @ReplyReply to this comment ·
    • Brutus
      Brutus

      @rf: “Judge Phillips really effed with Obama and I love her for it”

      Why should that matter? Why don’t you love her instead for holding that gays must be allowed to serve openly?

      Oct 20, 2010 at 11:07 am · @ReplyReply to this comment ·
    • Queer Supremacist
      Queer Supremacist

      @Brutus: Because they are one in the same.

      Oct 20, 2010 at 11:20 am · @ReplyReply to this comment ·
    • rf
      rf

      Brutus, she could have stayed her injunction just like judge walker did in the prop8 trial until the 9th circuit had a chance to stay or approve it. that is what, i think, most judges would have done–keep things as is until the appeal. she didn’t wait and now we are on day 2 of gays enlisting.

      Oct 20, 2010 at 11:44 am · @ReplyReply to this comment ·
    • Cam
      Cam

      @soul_erosion:

      Still six months of gays serving openly. It will be fun to watch them try to make the argument that they will be bad for the military if there are no major changes.

      Oct 20, 2010 at 4:22 pm · @ReplyReply to this comment ·
    • Jaroslaw
      Jaroslaw

      Interesting to me that there are innocent people rotting in prison waiting decades for appeals and THIS gets expedited? Let Judge Phillips ruling stand, and let the appeal process takes as long as it takes.

      Why is the Obama Justice dept. appealing this anyway? He supposedly abhors discrimination……??

      Oct 25, 2010 at 9:38 am · @ReplyReply to this comment ·

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