Judge: inclined to nix delay of gay troops order

[babylonsister]

Judge: inclined to nix delay of gay troops order
AP

By JULIE WATSON, Associated Press Writer – 53 mins ago


RIVERSIDE, Calif. – A federal judge said on Monday that she is inclined to deny a government request to delay her order that immediately stopped the military from enforcing its ban on openly gay service members.

U.S. District Judge Virginia Phillips said she would review the arguments from Justice Department lawyers and issue a ruling as early as Monday, or by Tuesday.

If she rejects the request, the Justice Department officials say they would appeal to what experts say are likely to be friendlier venues: the U.S. Court of Appeals for the 9th Circuit in San Francisco and, ultimately, the U.S. Supreme Court.

"The farther the decision gets from the presentation of evidence in the trial court, the more likely it is that courts will assume the military must have some critically important interest at stake," said Diane Mazur, a law professor who opposes the policy.

The military has promised to abide by the injunction against the "don't ask, don't tell" policy as long as her order remained in place.

more...

http://news.yahoo.com/s/ap/20101018/ap_on_re_us/us_gays_in_military

[msanthrope]

1. Good for the Judge, Good for the DOJ.

We are watching a bit of judicial theater here--and both sides have played well.

I am proud of the Obama 'defense' of DADT.


"Finally, it again must be noted that Defendants called no witnesses, put
on no affirmative case, and only entered into evidence the legislative history
of the Act. This evidence, discussed in Section IV(C)(1) above, does not
suffice to show the Act's restrictions on speech are "no more than is
reasonably necessary" to achieve the goals of military readiness and unit
cohesion. (See supra Section IV(C)(1).)"

Case 2:04-cv-08425-VAP-E Document 232 Filed 09/09/10 Page 85 of 86 Page ID #:6775
http://www.scribd.com/doc/37183082/Decision-finding-DADT-is-unconstitutional

[Grown2Hate]

2. GOOD. Can we get this DONE already? DADT is a miserable failure of a policy, and an abomination of

justice. Let it DIE already. We're coming for you NEXT, DOMA. Watch your ASS.

[jenmito]

3. K&R. DADT WILL end on Obama's watch. n/t