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Justice Department Files For Emergency Stay On Injunction Ending DADT Enforcement

10/20/10-by Bridgette P. LaVictoire
“As explained in more detail in our stay motion and the attached declaration, if not stayed immediately, the district court’s order precludes the administration of an Act of Congress and risks causing significant immediate harm to the military and its efforts to be prepared to implement an orderly repeal of the statute.”

That is what the emergency stay request submitted to the 9th Circuit Court of Appeals says. It flatly contradicts what the Pentagon has stated regarding the time that has elapsed since Judge Virginia Phillips issued an injunction on the enforcement of Don’t Ask, Don’t Tell. That is, nothing has happened. There have been no resignations, and no units falling to pieces over the repeal of DADT. The sky has not fallen, cats and dogs are not living together, and rivers are not running red. The world and the military have not ended, but the inanity has not.

“The worldwide injunction also threatens to disrupt the ongoing efforts to
fashion and implement policies to effect any repeal of § 654 in an orderly fashion.
The President strongly supports repeal of the statute that the district court has found
unconstitutional, a position shared by the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff. Although the Administration has called for a repeal of the
statute, it has made clear that repeal should not occur without needed deliberation,
advance planning, and training. To that end, the Secretary of Defense established the
Comprehensive Review Working Group, which is currently nearing completion of a
comprehensive review of how best to implement a repeal of § 654.”

It goes on to say. The thing is that no, it does not stop any of this, and that is something that Judge Phillips made abundantly clear yesterday.

To date, the government has provided absolutely no evidence regarding the need for DADT to be enforced, and offered no rationale for why it is necessary. Meanwhile, the injunction has caused a great deal of confusion and problems because of people being outed by friends accidentally, or people seeking to enlist or reenlist in the military.

Pressure has been mounting for the administration to just let this case rest as it is. They have shown that they do not have to argue a case all the way up the chain already, and they should just let this one be as it is.

While hope remains that the Senate will pass the repeal of DADT in November’s lame-duck session, the likelihood of that happening is next to nil given that the Republicans are continuing to indicate that they will filibuster the repeal legislation even if it means shutting down the military. President Obama continues to believe that the Republican Party will work with him, and his trust in the better natures of those who oppose his very existence seems badly misplaced.

JD Smith, co-director of OutServe, stated rather bluntly “It’s disappointing to see the government push so hard to literally fight against people serving this country right now.”


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