DOJ Files DADT Overturn Appeal

The Advocate reports that the Department of Justice has requested an immediate stay on the overturn on DADT pending their appeal.

Justice Department attorneys filed the request to U.S. district judge Virginia A. Phillips in Riverside, Calif., this afternoon. Should Phillips deny the request for a stay, government attorneys are expected to file an emergency request to the U.S. court of appeals for the ninth circuit. Few were surprised by news, least of all the leadership of the Log Cabin Republicans, which will oppose the application for a stay of Phillips's injunction. “After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend ‘don’t ask, don’t tell,’” said Christian Berle, deputy executive director of the organization. “Log Cabin Republicans will continue to advocate on behalf of the American service members who every day sacrifice in defense of our nation and our Constitution."

The Rachel Maddow Show blog reported earlier today that discharges under DADT are being suspended while the appeal is being considered.

UPDATE: The Log Cabin Republicans respond.

Christian Berle, Deputy Executive Director of Log Cabin Republicans: "After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend 'Don't Ask, Don't Tell,'" said Christian Berle, Deputy Executive Director of Log Cabin Republicans. "Log Cabin Republicans will continue to advocate on behalf of the American servicemembers who everyday sacrifice in defense of our nation and our Constitution. If this stay is granted, justice will be delayed, but it will not be denied. Meanwhile, we urge Senate Majority Leader Harry Reid to do what it takes in the lame duck session to end 'Don't Ask, Don't Tell' legislatively. If Senator Reid treats the minority party fairly, the votes will be there to end 'Don't Ask, Don't Tell' once and for all."