Main | Friday, November 05, 2010

Log Cabin Republicans File U.S. Supreme Court Appeal Of DADT Overturn Stay

Today the Log Cabin Republicans turned to the U.S. Supreme Court in an attempt to overturn the Ninth Circuit Court's indefinite stay of Judge Virginia Phillips' overturn of DADT. From the LCR's law firm of Dan Woods, White & Case:
"We have today filed an application with the United States Supreme Court asking it to vacate the Ninth Circuit's order staying Judge Phillips's injunction pending appeal. We argue in this application that the Ninth Circuit order was arbitrary and an abuse of discretion and should be vacated immediately. We continue to look forward to the day when all Americans can serve in our military without regard to their sexual orientation," said Dan Woods, White & Case partner who is representing Log Cabin Republicans.

Q: Will the entire Supreme Court be involved in considering whether to vacate the Ninth Circuit order?

A: That is up to Justice Kennedy. He may decide himself or he may refer the application to the full court.

Q: How long will the review take?

A: That is also up to the court. The Court may allow the government the opportunity to respond to our application.

Q: What are the next steps if the Court vacates the ruling/doesn't vacate the ruling?

A: If the Court vacates the stay order, DADT is dead pending the appeal, and we have for all intents and purposes won. If it doesn't, we will next move in the Ninth Circuit to expedite the Judge Phillips's decision.

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