9th Circuit gives DOJ 10 days to step aside on DADT

  • metta

    Posts: 39092

    Jul 12, 2011 7:35 PM GMT
    9th Circuit gives DOJ 10 days to step aside on DADT

    [QUOTE]
    “Today’s order forces the government to state, once and for all, its position on the constitutionality of DADT,” said Dan Woods, attorney representing Log Cabin Republicans in Log Cabin Republicans v. U.S.
    [/QUOTE]

    http://www.washingtonpost.com/blogs/post-partisan/post/vows-pledges-and-the-far-rights-obsession-with-the-gays/2011/03/04/gIQAUL6qAI_blog.html
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    Jul 12, 2011 7:58 PM GMT
    Congratulations to Log Cabin Republicans for this historic victory.
    716 F. Supp. 2d 884 (C.D. Cal. 2010)
    LOG CABIN REPUBLICANS, a non-profit corporation, Plaintiff,
    v.
    UNITED STATES of America and Robert M. Gates, Secretary of Defense, in his official capacity, Defendants.
    Case No. CV 04-08425-VAP (Ex).
    United States District Court, C.D. California.
    October 12, 2010.

    [*888 Aaron Alexander Kahn, Devon Anne Myers, Earle D. Miller, Fernando L. Aenlle-Rocha, White & Case, Los Angeles, CA, for Log Cabin Republicans.
    Daniel J. Woods, White & Case, Los Angeles, CA, Paul G. Freeborne, Joshua Edward Gardner, Ryan Bradley Parker, W. Scott Simpson, United States Department of Justice, Washington, DC, for Log Cabin Republicans and United States of America and Robert M. Gates, Secretary of Defense.]

    Rachel "Munch" Maddow writhes in pain every time she is forced to mention LCR in relation to DADT. Funniest fvcking thing I've ever seen.
  • metta

    Posts: 39092

    Jul 14, 2011 7:22 PM GMT
    U.S. Court of Appeals wants to know who's left to defend DADT, even as certification to repeal the law may be imminent

    http://www.metroweekly.com/news/?ak=6417
  • metta

    Posts: 39092

    Jul 15, 2011 6:26 PM GMT
  • hartfan

    Posts: 1037

    Jul 16, 2011 3:53 PM GMT
    This is just disgraceful. At least the court has some decency to prevent more discharge of gay service members.

    From Reuters(Reuters) - A federal appeals court has reversed itself and temporarily reinstated the "Don't Ask, Don't Tell" policy on gays in the military, but it has blocked the Pentagon from significant enforcement of the policy.

    In an order issued late on Friday, a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals sided with a request by President Barack Obama's administration to temporarily reinstate the policy against allowing openly gay men and women to serve in the military.

    The government has said it needs more time to prepare for an end to the controversial policy.

    Obama signed legislation in December to repeal "Don't Ask, Don't Tell," but the bill gave the Pentagon an unlimited time frame to implement the change, leading up to a final "certification" of the repeal.

    In the meantime, a separate challenge to the policy had advanced in the federal court system, where last week the 9th U.S. Circuit Court panel upheld a lower-court decision declaring "Don't Ask, Don't Tell" unconstitutional and ordered the military to immediately lift the ban.

    In their latest ruling, the judges said that, based on information provided by government lawyers, senior military officials have made plans to end "Don't Ask, Don't Tell" and that certification will be presented to Obama by the end of July or in early August.

    The judges' three-page order also states that only one military service member has been discharged for being openly gay since the passage of the repeal act in December.

    The judges stated that "in order to provide this court with an opportunity to consider fully the issues presented in light of these previously undisclosed facts" it was temporarily reinstating the policy.

    But the order also blocks the military "from investigating, penalizing or discharging anyone from the military pursuant to the Don't Ask, Don't Tell policy."

    The policy dates from 1993, when then-President Bill Clinton signed the directive into law as a compromise with the military to end an outright ban on gay service members that had been in force for decades.

    More than 13,000 men and women have been expelled from the military under the policy since it was instituted by Clinton.
  • creature

    Posts: 5197

    Jul 16, 2011 3:57 PM GMT
    JackNWNJ saidCongratulations to Log Cabin Republicans for this historic victory.
    716 F. Supp. 2d 884 (C.D. Cal. 2010)
    LOG CABIN REPUBLICANS, a non-profit corporation, Plaintiff,
    v.
    UNITED STATES of America and Robert M. Gates, Secretary of Defense, in his official capacity, Defendants.
    Case No. CV 04-08425-VAP (Ex).
    United States District Court, C.D. California.
    October 12, 2010.

    [*888 Aaron Alexander Kahn, Devon Anne Myers, Earle D. Miller, Fernando L. Aenlle-Rocha, White & Case, Los Angeles, CA, for Log Cabin Republicans.
    Daniel J. Woods, White & Case, Los Angeles, CA, Paul G. Freeborne, Joshua Edward Gardner, Ryan Bradley Parker, W. Scott Simpson, United States Department of Justice, Washington, DC, for Log Cabin Republicans and United States of America and Robert M. Gates, Secretary of Defense.]

    Rachel "Munch" Maddow writhes in pain every time she is forced to mention LCR in relation to DADT. Funniest fvcking thing I've ever seen.


    The historic victory came from congress with mostly democratic votes and just a handful of Republicans. But nice try.
  • metta

    Posts: 39092

    Jul 16, 2011 4:47 PM GMT

    COURT: The military's "don't ask, don't tell" policy is back in place for the time being, with one major caveat: the government is not allowed to investigate, penalize or discharge anyone who is openly gay.



    http://www.staradvertiser.com/news/breaking/125685508.html