BREAKING: LCR appeals DADT injunction stay to U.S. Supreme Court

[FreeState]

Good news...

http://prop8trialtracker.com/2010/11/05/breaking-lcr-appeals-dadt-injunction-stay-to-u-s-supreme-court/

"It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court.”
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’s decision.

[Renew Deal]

1. Just to be clear, this is just about the injunction and not the entire case.

The case will remain with the Circuit court.

Will vacating the injunction mean anything about the Supreme Court's view of the case or just the injunction?

[DFab420]

2. K&R

[AlabamaLibrul]

3. Frankly, I can see how LGBT folks who aren't thinking clearly could have voted

Republican in this last election.

At least some faction of the Republicans are fighting for this, just not the ones in elected office.

[FreeState]

6. There is no evidence that happened

The CNN exit poll has a 3+% margin of error - there poll found 3% of respondents identified as gay. Of those three percent there was a 30% more showing of GOP voters from 2008 (General Election) and 12% from the last midterm. (even if the data was viable, which its not because its 100% within MOE, it does not show that GLBT voted more - just that a percentage of the vote was more - which could mean Dem GLBT didnt vote or that they switched their votes - the data does not show either way)

So from their numbers the total of GLBT voters may be 0 or it may be 6% and the percentage that voted for GOP from the last midterm may be.... yeah its crap and statistically meaningless.

[TheWraith]

17. By definition, anyone voting Republican wasn't thinking clearly.

This is no excuse--there IS no excuse, for anyone, other than incredibly short attention span.

[Myrina]

4. "vacate the Ninth Circuit’s order staying the injunction pending appeal.

... in English, please? :crazy:

[FreeState]

7. Let the judgement halting DADT enforcement stand durring the appeal n/t

[riderinthestorm]

9. The Log Cabin Republicans won a verdict in the 9th circuit that DADT was unconstitutional

the judge also issued an injunction that required the military to stop enforcing DADT immediately.

Obama's DOJ appealed both the decision AND the injunction to stop enforcing DADT.

The appeal of the actual decision is still ongoing, but the DOJ did win their battle to keep enforcing DADT (they won a "stay of the injunction pending appeal")

Now the Log Cabiin Rethugs are appealing the "stay". In other words, they want the military to stop enforcing DADT while the appeal of the decision moves forward.

In short the LCR's are fighting for the courts to rule DADT unconstitutional, the Obama Admin is fighting to keep DADT in place (ie, that it IS constitutional).

[Myrina]

15. Got it. Thanks, both of you for the explanations!

:-)

[Hell Hath No Fury]

5. Keep the court challenges going --

'cause repeal ain't gonna come from O/the Congress. :(

[RKP5637]

8. And in RW fascist America, who knows what will happen if SCOTUS gets involved. n/t

[riderinthestorm]

10. Oh, bet on it that the Supremes are going to rule on DADT

sooner rather than later too imho.

And I have no faith that they will find it unconstitutional.... alas.

[Autumn]

11. We can safely assume if SCOTUS gets involved,

you know the current one we have, someones going to be screwed. Guess who. I trust them to do the right thing as far as I can throw them.

[Hell Hath No Fury]

13. I have little faith in the SCOTUS --

on this issue. My only hope is that if DADT is supended until it goes to the Supremes, gays join up and those serving come out. Once that genie is out of the bottle it would be damned hard to put it back, even for the Supremes.

O blew his best chance with his appeal. :puke:

[Dragonfli]

19. He didn't blow his chance, he took it, he does not want equal rights for all

Or he would not be fighting so hard to prove DADT is constitutional, there was no reason for the EMERGENCY stay other than personal religious belief.
There is no way he would have fought for the stay if he really wanted DADT gone, none at all and everyone knows it.

[Catherina]

12. What a shameful day for the Democratic Party and this Administration. n/t

[joeybee12]

14. Amen! nt

[RKP5637]

18. Agree so very much! It will be something to see the Democratic Party and this Administration's

ultimate response to 11/2. Will they decide what we really need to do is go more RW so we can get to the right of the R's in time for the 2012 elections...

[BlueCheese]

16. How embarrassing...

... that it's the Log Cabin Republicans who are leading this fight against a Democratic administration.

[muriel_volestrangler]

20. Kick

because this is real news, and getting lost in the Olbermann fog ...