Attorneys for the Log Cabin Republicans filed their opposition this afternoon to the Department of Justice's request that the U.S. Court of Appeals for the Ninth Circuit issue a stay today while the court considers the DOJ request for a stay pending the appeal of Log Cabin Republicans v. United States.
The attorneys from White & Case pull no punches, writing:
Each argument that the government asserts as a basis for a stay has already been raised to the district court, which rejected them all – not cursorily, or in passing at an oral argument, but in extensive reasoned opinions at multiple stages of the proceedings below. The district court’s thoughtful analysis of each argument the government makes here should not be rejected in a summary proceeding, on less than one day’s consideration.
The attorneys go on to dismiss the claim by the government that the injunction places too high of a burden on the government:
The only thing the injunction requires is that appellants cease enforcing and applying the Don't Ask, Don't Tell policy (“DADT”), and discontinue any pending investigations commenced under that policy. The appellants have apparently already done so, since the injunction was issued on October 12; there is no reason to alter the current status quo and excuse the appellants from complying with the injunction for the next few days while their motion for stay pending appeal is properly briefed and decided in this Court.
Christian Berle, the deputy executive director of LCR, wrote to Metro Weekly, "In the eight days since ‘Don’t Ask, Don’t Tell’ has been suspended, there have been adverse consequences to open service. The Department of Justice is underestimating the professional capacity of our armed forces, we have the best military in the world that has been capable of racial integration, of creating opportunities for women all while engaging in foreign operations."
The Ninth Circuit could issue a decision at any time.
If the Ninth Circuit does not act by 7 p.m. Pacific Time, DADT will have been unenforced for the previous 200 hours.
More to come ...