A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued a temporary stay of U.S. District Judge Virginia Phillips’s Oct. 12 order in Log Cabin Republicans v. United States halting all enforcement of the military’s “Don’t Ask, Don’t Tell” policy.
After DADT had been halted from enforcement for nearly 200 hours, the Ninth Circuit order legally makes DADT enforceable again for the time being.
In a brief order, Judges O’Scannlain, Trott and W. Fletcher wrote:
“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 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.
The judges’ order means that a temporary stay of the trial court injunction of DADT has been granted until the Ninth Circuit can decide — sometime after Oct. 25 — whether to issue a stay pending the appeal of the case to the Ninth Circuit. (Emphasis mine)
Will this shit ever end? Seriously? Via Pam’s House Blend, who has a round-up of reactions.