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Federal Judge Orders Block of DADT Enforcement at Defense Department

Demonstrators outside the White House in May. (photo: vpickering)

According to the Advocate, Judge Virginia Phillips has ordered the Department of Defense to “suspend and discontinue” all discharges or even investigations related to Don’t Ask Don’t Tell. Phillips had previously ruled the military’s policy unconstitutional. There is no specific timeline in the order for the start date of the injunction.

The Justice Department has the option of appealing the ruling, and the injunction, to the 9th Circuit Court of Appeals. Several Democratic members of Congress, including Kirsten Gillibrand and Mark Udall, have asked the Justice Department not to appeal, but they are expected to do so and have previously filed an objection to a proposed injunction, saying that it would “preclude the government from litigating other legal challenges to DADT as well as prevent it from considering the terms of a stay banning discharges of gay soldiers.” DoJ has 60 days to determine whether to appeal.

The Advocate has supplied the text of the order:

(1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.

(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the “Don’t Ask, Don’t Tell” Act and implementing regulations, against any person under their jurisdiction or command;

(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.

(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

CommunityThe Bullpen

Federal Judge Orders Block of DADT Enforcement at Defense Department

According to the Advocate, Judge Virginia Phillips has ordered the Department of Defense to “suspend and discontinue” all discharges or even investigations related to Don’t Ask Don’t Tell. Phillips had previously ruled the military’s policy unconstitutional. There is no specific timeline in the order for the start date of the injunction.

The Justice Department has the option of appealing the ruling, and the injunction, to the 9th Circuit Court of Appeals. Several Democratic members of Congress, including Kirsten Gillibrand and Mark Udall, have asked the Justice Department not to appeal, but they are expected to do so and have previously filed an objection to a proposed injunction, saying that it would “preclude the government from litigating other legal challenges to DADT as well as prevent it from considering the terms of a stay banning discharges of gay soldiers.” DoJ has 60 days to determine whether to appeal.

The Advocate has supplied the text of the order:

(1) DECLARES that the act known as “Don’t Ask, Don’t Tell” infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.

(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the “Don’t Ask, Don’t Tell” Act and implementing regulations, against any person under their jurisdiction or command;

(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell” Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.

(4) GRANTS Plaintiff Log Cabin Republicans’ request to apply for attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans’ request to file a motion for costs of suit, to the extent allowed by law.

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David Dayen

David Dayen