s skippy the bush kangaroo: don't ask, don't appeal

skippy the bush kangaroo



Monday, October 18, 2010

don't ask, don't appeal

the advocate is reporting that the federal judge ruling on the obama administration's appeal to stay the overturning of dadt might be considering a denial of same:
during the 25-minute hearing, u.s. district judge virginia a. phillips issued a tentative ruling denying the government’s request for a stay of the injunction against dadt, but she will issue a final ruling on the matter by tuesday morning.

phillips, who ruled dadt unconstitutional in september, wasted no time in rejecting the government's position that ending the policy immediately would be an undue burden on the military, calling the arguments "vague" and "insufficient."

assistant u.s attorney paul freeborne asked the court for a five-day administrative stay so the government can pursue an appeal of phillips's injunction with the u.s. court of appeals for the ninth circuit. he argued that a "precipitous implementation" of an injunction against the 17-year-old policy will have a significant negative impact on military readiness.

but phillips said there were "significant failings" in the evidence submitted by the justice department after she issued the injunction last week. though the government declined to enter any of the evidence it had submitted in fighting the log cabin republicans' suit against "don't ask, don't tell" in court last july — instead relying solely on the legislative history of the statute — justice department attorneys submitted a declaration to the court last week from a top pentagon personnel official who warned against any abrupt change in the policy.
posted by skippy at 7:15 PM |

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