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The Advocate: The Obama DOJ To Appeal DADT Injunction

No surprise, and what a hot mess it has been just today. With all of the chaos surrounding the administration leaving the military high and dry as to what to do about ceasing enforcement of DADT as a result of the federal ruling, this was inevitable. The Advocate:

Sources said Justice Department attorneys are expected to file the request to U.S. district judge Virginia A. Phillips in Riverside, Calif. this afternoon.

Should Phillips deny the request for a stay, government attorneys are expected to file an emergency request to the U.S. court of appeals for the ninth circuit.

Few were surprised by news, least of all the leadership of the Log Cabin Republicans, which will oppose the application for a stay of Phillips’s injunction.

“After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend ‘don’t ask, don’t tell,'” said Christian Berle, deputy executive director of the organization. “Log Cabin Republicans will continue to advocate on behalf of the American servicemembers who everyday sacrifice in defense of our nation and our Constitution.

Richard Socarides commented:

“They have severe political restrictions on what they can say,” Socarides said, noting that the Justice Department cannot argue, for instance, that allowing gays to serve openly would be harmful to the military. “They’re now in difficult position of having to articulate a position as to why, on an emergency basis, an order that is wholly consistent the president’s position should be denied.”

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Pam Spaulding

Pam Spaulding

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