Gov't Files To Suspend 'Don't Ask, Don't Tell' Appeal

[cal04]

Source: TPM

The Justice Department asked a federal judge this week to suspend an appeal of the Log Cabin Republicans' federal lawsuit against "Don't Ask, Don't Tell," which was recently repealed by Congress.

Justice Department attorneys argued that the court should "suspend the briefing schedule and hold the case in abeyance to allow that process to continue to completion."

A federal judge had ruled in September that DADT was unconstitutional and issued an injunction banning enforcement of the law, a ruling DOJ appealed.

President Obama signed the repeal into law earlier this month, and has said he expects repeal to be implemented in a matter of months, not years.


Read more: http://tpmmuckraker.talkingpointsmemo.com/2010/12/govt_files_to_suspend_dont_ask_appeal.php

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http://www.scribd.com/doc/46107620/Department-of-Justice-Hold-Appeal-To-Stay-Don-t-Ask-Don-t-Tell
Department of Justice Hold Appeal To Stay Don't Ask, Don't Tell

[VeryLibGal]

1. I am glad to see that. I just hope we see news that the Pentagon is writing the

necessary paperwork to follow the law. The sooner they write the rules to implement the law the better it will be. IMHO.

[No Elephants]

2. If we had a decent SCOTUS, I'd want the appeal to proceed. As it is, I hope the appeal is halted.

[former9thward]

3. Better late than never.

[struggle4progress]

4. Congressional action has rendered this case moot, with conflicting rulings in other districts.

The suit was an ugly piece of political theater, and its consequences could have been quite unfortunate

Given the conflicting rulings in other districts, the Obama administration had no choice except to appeal: anyone in Congress who voted for the original DADT (John McCain, say) would likely have had standing to sue in a different district for enforcement of the law, had the administration decided to accept the California ruling as definitive, and the case would have rumbled on inexorably

So, whether or not the administration had appealed the California ruling, the case was destined to end at the Supreme Court, currently full of rightwing wackos whose final ruling might not have been a happy day for any of us

The Republicans pushed the suit for its wedge-driving potential, and their current comments show that they're still interested in milking its wedge-driving potential