HEADS UP: Ninth Circuit Stays DADT Injunction

[WilliamPitt]

http://www.metroweekly.com/poliglot/2010/10/breaking-ninth-circuit-stays-d.html

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.

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.

--

This means that a temporary stay of the trial court injunction of DADT has been granted until the Ninth Circuit can decide whether to issue a stay pending the appeal of the case to the Ninth Circuit.

More...

[QC]

1. Fierce! n/t

[Bluebear]

2. This will please the President. nt

[ruggerson]

3. Not good - politically or morally n/t

[geek tragedy]

4. The Obama DOJ delivers again. nt

[xchrom]

5. Ruh-Roh. Nt

[Prism]

6. The Obama administration has now officially reinstituted DADT

This is an act, a choice.

And an anti-gay one that will damage lives and careers.

The Obama administration has just engaged in reckless homophobia for the sake of politics.

There is no defense.

[Bluebear]

8. DADT *did* end on his watch. A judge ended it, and Obama's reinstating it.

[Freetradesucks]

40. That is a very

succinct point. Obama could have let this work it's way through the system, but he put a stop to it. I would say at this point it's a pretty tough argument to make that Obama is pro-gay.

[alfredo]

62. Watch what arguments they use. That will tell a lot about how much

Support They have for repeal of DADT. I think they will present a half assed defense of DADT. The judge can only look at the evidence presented. If the state makes a bad case, that's good for us.

[ClarkUSA]

10. Walter Dellinger was on the Rachel Maddow Show making the case for the WH last week.

Walter Dellinger was Clinton's Acting Solicitor General. I'll take his word for it more than anyone here, given his legal expertise.

On the Rachel Maddow Show, he said that it's wrong to allow a single district judge to overturn a law passed by Congress. He gave an example of a future Republican president finding one district judge to rule against HCR and deciding not to appeal.

He also said that President Obama has done alot to move the repeal of DADT forward by making the military get on board, which is a big deal. The Justice Department's orderly defenses of laws passed by Congress are constitutionally sound. Dellinger said that ultimately, Congress really needs to repeal DADT but that President Obama is doing a "delicate" dance to set the stage for that to happen.

Barring that, the WH is obviously willing for this to go to the Supreme Court.

[Name removed]

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[Name removed]

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[ClarkUSA]

19. No, it's not "spam". It's my response to the same subject posted in a dozen OPs.

[Name removed]

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[ClarkUSA]

No, it's a relevant reply to the same subject posted in a dozen OPs today.

[Cha]

69. Of course, it's not "spam"..and thanks for posting this, Clark..

This is the first time I've seen it..and it's useful information!

"He also said that President Obama has done alot to move the repeal of DADT forward by making the military get on board, which is a big deal. The Justice Department's orderly defenses of laws passed by Congress are constitutionally sound. Dellinger said that ultimately, Congress really needs to repeal DADT but that President Obama is doing a "delicate" dance to set the stage for that to happen."

[Name removed]

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[ClarkUSA]

23. No, it's a fact-based reply from someone with far more legal knowledge than you.

[Name removed]

43. Deleted message

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[laughingliberal]

41. Chanting 'Dellinger' and 'delicate dance' will ward off the evil of open gayness in the military .nt

[ClarkUSA]

46. What does that mean? I was quoting Dellinger, whose legal judgment exceeds anyone here.

[laughingliberal]

49. Doesn't change my assessment one bit. And his 'opinion' is just that-his opinion.

Hopefully you will find some way to adequately show your gratitude to him for providing this bit of cover for President Obama's latest failure to 'fiercely' advocate for 'those people.'

[HughMoran]

27. It makes sense

Sucks that there has to be this back and forth fighting until the policy is finally overturned.

[ClarkUSA]

53. Yes, it does.

<< Sucks that there has to be this back and forth fighting until the policy is finally overturned. >>

Totally. But as Dellinger said to Rachel Maddow, there is no easy way out.

[sabrina 1]

98. There doesn't 'have to be'.

Only if you are not willing to fight for what is right and are more concerned about politics than Civil Rights.

This is not the change I supported and worked for, that's for sure. Clinton has put Obama to shame. He refused to appeal a court decision on kicking members of the military out for having HIV. That took some guts at the time, but the sky didn't fall and his decision has stood the test of time.

Shameful decision by this WH.

[Touchdown]

32. Walter Dillinger is full of shit.

[pnwmom]

94. That's a thoughtful response.

:sarcasm:

[Touchdown]

97. I already have a mother. You don't measure up.

And.... Have a wonderful day!

[SidDithers]

52. Facts are good...nt

Sid

[jaxx]

58. The law has got to be repealed by congress.

I think that's what is being shown by the court appeals...that DADT isn't going to be safely dead until the law is changed.

It will happen, but it's got to be done the right way or this back and forth will never stop.

Thanks ClarkUSA for keeping the reasoning out there.

[Name removed]

59. Deleted message

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[jaxx]

66. It shows that the ending of DADT isn't safe in the courts.

It is a law. And how can the answers be considered spam when he's replying to the same arguments? Are those same arguments spam too? It applies all around if that is the premise.

[EFerrari]

67. Ridiculous. You don't ask for a discriminatory policy to be reinstated

to make a rhetorical point. Good grief.

[HughMoran]

68. It's not a policy!

It's a law!

That's the difference.

[jaxx]

70. It is a point of law.

[EFerrari]

71. Baloney. n/t

[jaxx]

72. Obviously the court didn't think it was baloney.

I think everyone on here wants to see DADT gone. It's just got to be done in the appropriate way so that these back and forth rulings can't keep jerking people around. Congress must repeal the law.

[laughingliberal]

78. Congress can repeal the law whether Obama appeals Phillips' decision or not. nt

[JustinL]

83. people are only being jerked around right now because the DOJ requested a stay

If the DOJ had declined to request a stay, how would that have prevented Congress from repealing the law?

[QC]

85. Cue up the crickets.

Truth is, Obama could leave the stay in effect while pursuing a legislative strategy. Viewed in that context, the stay is a godsend.

But we have a lot of people here whose first, indeed only, priority is defending Obama, no matter what he does. So anything he does is, by definition, perfect, and that includes resurrecting DADT on our day of remembrance.

[jaxx]

86. Step on the crickets.

Truth is, any old court could do exactly what this one did and turn it upside down. That's why, even though it makes people mad, the congress has got to repeal the law.

We don't have people just defending Obama, we have people who pay attention and know what they're talking about, and will keep the emotions out of it to let the law work. Don't let the hatred of the President destroy what you are wanting to get done....it gets in the way and makes the message less important than the personal feelings. That won't do anyone any good.

[QC]

87. Same old patronizing bullshit, different day.

Can't you guys at least get the central committee to send out some new talking points?

[jaxx]

89. I think you are out of order.

Pay attention to who you're bashing. I've said this many times on here, my sister is a gay transsexual who is an activist for gay rights. I'm right there with her all the way. I hate how she has been treated by the miserable sonsofbitches in Colorado with their Dobson bullshit. She's had to fight for the right to live her life as the person inside her has always yelled let me out.

So don't get all crappy with me, I'm sick of it. The people on here are no different than the others out there who want to see the civil rights of all glbt brought into today, instead of staying back in the days of discrimination.

You bash me, you bash every family with a lgbt member. I don't think that's what you really want to do.

[JTFrog]

84. Salami. n/t

[A Simple Game]

61. Sorry Mistake nt

[A Simple Game]

63. So it's wrong to let a single judge decide?

It happens every time there is a 5 to 4 decision in the supreme court.

[JustinL]

82. is that really the apologists' latest argument? pathetic

"I'm really sorry that your fundamental rights are being violated, but we just couldn't have this thing decided by one little old judge. You know, Proper Procedure and all."

[Born_A_Truman]

73. I saw that interview ...

He explained it well.

[Hekate]

81. Messages from the Reality-Based Community always welcomed here (well, sometimes anyway)

I appreciated watching Dellinger on Rachel's show, and really appreciated her for having him on to clarify the LAW.

[Name removed]

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[ClarkUSA]

7. Nan Hunter, winner of GLBT National Bar's highest honor, agrees w/the WH so why not listen to her?

"I googled GLBT Legal Expert DADT Appeal and the first name that came up was Nan Hunter, first winner of the Dan Bradley Award, GLBT National Bar's highest honor posted that she thought that it has to be appealed for the same reason that DOMA challenges had to be appealed. Excerpts and links were posted here": http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=9311547&mesg_id=9311547

I'll take her word for it more than anyone here. She has the requisite knowledge and legal expertise to know what she's talking about. Instead of demonizing President Obama and his administration, why don't people here listen to legal experts like Nan Hunter and Walter Dellinger?

[Name removed]

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[ClarkUSA]

20. I made a relevant response to the same subject posted a dozen times a day.

[ruggerson]

24. Spam

n/t

[ClarkUSA]

28. No, it's a relevant reply.

[Name removed]

50. Deleted message

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[Ignis]

From the rules:

Do not spam the message board by posting the same message repeatedly

-- http://www.democraticunderground.com/forums/rules_detailed.html

[QC]

26. Just alert on them all. n/t

[pnwmom]

95. +100. n/t

[Name removed]

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[Name removed]

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[Ignis]

17. All tastefully done under the table/behind the curtain, of course. Of course!

[QC]

29. Somewhere there's a sort of sanctuary for good dems

where the champagne is flowing right now.

[Barack_America]

13. Oh how this makes me want to STAY home on election day.

I am once again disgusted that I worked so hard to get this man elected.

[Terra Alta]

14. I hope Obama is happy

Another victory for the anti-gay crowd. And the blame for this one falls squarely on Obama. Makes me want to :puke:

[nadinbrzezinski]

16. Read what DOJ wrote

they really, really want to lose.

Really.

We know this dog is wrong, but... paraphrasing.

[Tatiana]

60. This was my first thought. Holder can put up a better defense than that.

Still, this is hard to swallow.

They should have just let it die.

[nadinbrzezinski]

64. It truly looks

And I hope I am readying this right, that they are going through motions.

The DOJ has done this in the past.

[Smashcut]

21. Awesome. Well done, Barack

x(

[Name removed]

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[Name removed]

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[BlueCheese]

33. To the gay men and women who enlisted yesterday.

Thank you for volunteering to serve your country yesterday. The nation is thankful for your courage and patriotism. Being a soldier at this time in our history carries serious burdens and risks for you and your loved ones, so we appreciate your sacrifice. You represent the kinds of ideals that make all Americans proud.

However, we won our stay, so you can go home now. Don't let the door hit you on the way out. Also, remember to donate and vote!

[laughingliberal]

45. That sums it up pretty well. nt

[Bluebear]

48. + + +

[muffin1]

65. +1,000,000 n/t

[Smashcut]

75. Yup, that covers it

[_ed_]

90. Obama to Gays:

Keep your wallets open and your mouths shut. Don't forget to vote!

[GodlessBiker]

34. Obama now owns DADT. It is all his. Good luck with that.

[pgodbold]

38. DADT and Afghanistan ... soon as he gets Boardwalk he wins!

[Prism]

47. L.O.L.

I really needed that today :thumbsup: Awesome.

[laughingliberal]

51. Yep. nt

[Bluebear]

77. You said it.

[Starry Messenger]

35. How sensible!

Right before the election too! Chess is awesome. :sarcasm:

[coti]

36. It's good that they're going to consider it fully, instead of fully considering it.

The 9th Circuit's trying to sound important.

[mzmolly]

37. Motivating the base?

Oh, wait...

[laughingliberal]

39. So, Obama got what he wanted. Discrimination can resume.

"Emergency" stay. God knows what might happen if those people were allowed a few more days to serve openly.

[donco6]

96. What a victory.

Yaygodems.

[BlueCheese]

42. The world is upside down.

A Democratic administration has just successfully fought for reinstating the DADT policy.

A group of Republicans will be given a week to file an opposition in its battle to allow gays to serve openly.

Wow.

[pgodbold]

44. And on Yahoo's home page: All signs point to huge Republican victories in two weeks, with the GOP

now leading Democrats on virtually every measure in an Associated Press-GfK poll of people likely to vote in the first major elections of Barack Obama's presidency.


Damn Obama Way to rally the base!! You da man!

http://news.yahoo.com/s/ap/us_ap_poll_election_homestretch

[Arugula Latte]

54. What the hell?!

[BzaDem]

55. While the DOJ was correct to appeal regardless, it would have been good if they could leave the stay

in place. Hopefully after the 9th circuit rules they'll renew it.

Regardless, they had to appeal. There was higher court precedent upholding DADT that was directly on point. Anyone who thinks a single district judge should be allowed to (contrary to on-point higher-court precedent) unilaterally repeal a law, with no possibility of review, does not take the idea of democracy seriously. Such people would probably regret later when their logic could be used to allow a single district court judge to (contrary to higher court precedent) rule Social Security unconstitutional, with no possibility of review.

Hopefully, DADT will remain struck down after the appeal is decided.

[Name removed]

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[laughingliberal]

57. Yay! Military safe from teh Gays!!!

Fierce advocacy has its limits, you know.

:sarcasm:

[Bluebear]

76. +

[Name removed]

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[TexasObserver]

79. I expected they would.

But applaud the district judge for being unrelenting.

[JustinL]

80. I feel like I've just been punched in the stomach.

I notice that the apologists are conspicuously absent from this thread. I guess even they couldn't stomach this.

[fascisthunter]

88. oh, I'm sure they are working on their talking points now

of course they need to wait for instructions.

[QC]

91. So far we're still getting the old talking points. You know:

1. But he HAS to keep every law all the way to the Supreme Court! He just HAS to!
2. He doesn't have a magic wand!
3. How dare you disagree with me! I have a gay sister/uncle/aunt/cousin/friend!

etc.

[fascisthunter]

92. I know... I've Seen them...

do they really think their arguments are swaying people. ALl I have seen is backlash... they are doing the opposite by BSing people, talking down to people and telling people what they should expect or act. It's disturbing actually.

[QC]

93. It's very counterproductive.

As you say, patronizing and insulting people only leads to backlash.