The federal government asked a federal judge in California to act swiftly to put on hold her ruling striking down the Pentagon’s anti-gay “don’t ask/don’t tell” policy. If the judge does not do so by Monday, the government will ask a Circuit Court to delay it.
Saying it does not favor a continued ban on gays serving openly in the U.S. military, the Obama Administration nevertheless said it would defend it for the time being, and moved on Thursday evening to get a federal judge to put on hold her ruling striking down the “don’t ask/don’t tell” policy. The issues are so urgent and grave, the Justice Department told the judge, she should act on the request by next Monday.
The flurry of filings in the District Court in Riverside, CA, included an emergency stay application here, a legal memorandum supporting it here, sworn staements by a Pentagon official and a government lawyer, a proposed stay order here, and a formal notice of appeal to the Ninth Circuit Court.
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