Judge Rejects DADT Stay Request
Politico reports:
U.S. District Court Judge Virginia Phillips has denied the government's request for a stay of her order prohibiting the U.S. military from enforcing the "don't ask, don't tell" policy anywhere in the world.
In a six-page order released Tuesday evening, Phillips said the government failed to meet its burden to obtain a stay. She also faulted the Justice Department for waiting until the last minute to present arguments about the difficulties her injunction would create by effectively repealing the gays-in-the-military policy Congress wrote into law in 1993.
"Defendants had an opportunity to, but did not, present any of the evidence or arguments now advanced before the injunction issued," Phillips wrote. She called "unpersuasive" a declaration from Undersecretary of Defense Clifford Stanley describing the problems an instant repeal of "don't ask" might create.
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