Ninth Circuit Keeps Bar on DADT Discharges In Effect While Considering DOJ Motion on Stay in Log Cab

[FreeState]

Source: Metro Weekly

Ninth Circuit Keeps Bar on DADT Discharges In Effect While Considering DOJ Motion on Stay in Log Cabin Case


Although "temporarily reinstating" most of its stay of the injunction in the Log Cabin Republicans v. United States case tonight, the U.S. Court of Appeals for the Ninth Circuit kept in place the part of the injunction that bars the military from "investigating, penalizing, or discharging anyone from the military pursuant to the Don't Ask, Don't Tell policy."

Responding to dueling requests from the Department of Justice and attorneys for the Log Cabin Republicans in the LCR v. United States challenge to "Don't Ask, Don't Tell," the appellate court in San Francisco this evening partially granted a request from the government to issue a temporary stay of the injunction of DADT put back in place by the Ninth Circuit since July 6 -- with a big caveat that keeps discharges from moving forward.

The move puts the 1993 law banning military service back into effect until the court can make a more complete determination about whether to reconsider the July 6 order -- while continuing to prevent the military from "investigating, penalizing, or discharging anyone from the military pursuant to the Don't Ask, Don't Tell policy."

The order from Chief Judge Alex Kozinski and Judges Kim Wardlaw and Richard Paez notes the additional information provided to the court in the government's most recent filing -- specifically, "the declaration of Major General Steven A. Hummer, Chief of Staff of the Repeal Implementation Team of the Office of the Undersecretary of Defense for Personnel and Readiness; the representation that only one servicemember has been discharged under 10 U.S.C. § 654 since the passage of the Repeal Act; the representation that the Secretaries of the Military Departments, Chiefs of the Military Services, and Commanders of the Combatant Commands have recently submitted their written advice regarding the status of their preparation for repeal and ability to satisfy the certification standards set by Congress; and the representation that repeal certification will be presented to the President, Secretary of Defense, and Chairman of the Joint Chiefs of Staff in a matter of weeks, by the end of July or early in August."

Read more: Since the 9th Circuit Court of Appeal's ruling earlier this week, one service member facing discharge under DADT told The Advocate that officials have halted his separation proceedings. Airman 1st Class Justin Dailey said Friday that he had been se

---

Perhaps we should call this 'Can't Join, Can't Get Kicked Out. (stollen from twitter;)

[QC]

1. kick

[HillWilliam]

2. K&R n/t

[xchrom]

3. Recommend

[William769]

4. Thanks President Obama, you screwed us again.

[Tx4obama]

5. Here's the LINK for the OP

http://www.metroweekly.com/poliglot/2011/07/ninth-circuit.html

[FreeState]

6. Thanks, not sure why it didn't post with it....

Looks like a bug (it has the read more line but it's not a link and has additional text for some reason...)

[James48]

7. Interesting filing from General Hummer

General Hummer (ok- sorry, but I have to snicker) filed a great brief with the court, which can be found here:

http://sblog.s3.amazonaws.com/wp-content/uploads/2011/07/DADT-Hummer-declaration-7-14-11.pdf

In the brief, he says it's only a very short time until the declaration that the services are ready is done- possibly the end of July or into August for the certification required by law will be made.

That is the most significant news out of this whole thing.

[No Elephants]

8. "With all due and deliberate speed..." Brown v. Bd. of Education

School integration was not fully completed for 20 years.

This won't take that long.



Very confusing.

"Don't ask, don't tell (or you will be discharged)."

Court says, "It's unconstitutional. Stop it right now."

D of J says, "Give us whatever time we need.

Court says, "Okay, reinstate the unconstitutional practice. Just don't discharge anyone."

If you stop the discharges, what else is there to DADT?

[dsc]

9. not letting gays enlist or reenlist

[dsc]

10. The DOJ lied

http://www.advocate.com/News/Daily_News/2011/06/27/Air_Force_Confirms_New_Round_of_Discharges_Under_Dont_Ask_Dont_Tell/

There were four discharges, not one.

The Pentagon confirmed Monday that more service members have been discharged under “don’t ask, don’t tell” pending certification of the policy’s repeal, with one individual’s discharge approved as recently as Thursday.

A total of four airmen have been discharged under the policy in the last several weeks, Pentagon spokeswoman Eileen Lainez confirmed Monday.

[ruggerson]

11. Recommended n/t

[MinneapolisMatt]

12. Court: 'Don't ask, don't tell' will stay in place

Source: MSNBC

A San Francisco federal appeals court ordered the military to temporarily continue the controversial policy in an order late Friday, the court's response to a request from the Obama administration.

The order is the latest twist in the legal limbo gay service members have found themselves in as the policy is fought in the courts simultaneous to its slow dismantling by the federal government, which expects to do away with it by later this year.

In its three-page ruling, the U.S. 9th Circuit Court of Appeals said the ruling was based on new information provided by the federal government, including a declaration from Major General Steven A. Hummer, who is leading the effort to repeal the policy.

"In order to provide this court with an opportunity to consider fully the issues presented in the light of these previously undisclosed facts," the court wrote, that it would uphold an earlier order to keep the policy in place.

Read more: http://www.msnbc.msn.com/id/43779915/ns/politics/

[theaocp]

13. Evolution? n/t

[dbackjon]

14. Holder needs to be fired

Obama too, if he keeps this shit up

[Blue_In_AK]

15. Holder's a joke in so many ways. n/t