Monday, July 18, 2011

Ninth Circuit and DADT: The Continuing Saga

The staus of Don't Ask, Don't Tell as of today?

601px-US-CourtOfAppeals-9thCircuit-Seal.svg

The latest Order from the Ninth Circuit states:

In order to provide this court with an opportunity to consider fully the issues presented in light of these previously undisclosed facts, the stay entered November 1, 2010, is reinstated temporarily in all respects except one. The district court’s judgment shall continue in effect insofar as it enjoins appellants from investigating,
penalizing, or discharging anyone from the military pursuant to the Don’t Ask, Don’t Tell policy.

On July 11, the court gave the government ten days to state its intentions regarding the litigation in Log Cabin Republicans v.  United States, in which the court had lifted the stay of the injunction. 

In the most recent Order, the court notes "Appellants acknowledge that they did not previously inform the court of the full extent of the implementation of the Repeal Act."

However, the court is clear that the military continues to be enjoined from "investigating, penalizing, or discharging" under the DADT policy.

RR 

 

http://lawprofessors.typepad.com/conlaw/2011/07/ninth-circuit-and-dadt-the-continuing-saga-.html

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Comments

Regardless of the outcome of the litigation, both sides need to get their acts together...this issue has been hovering over the heads of the American public too long...it is time for final resolution.

Posted by: Oklahoma City Divorce Attorney | Jul 24, 2011 7:41:45 AM

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