Friday, July 15, 2011

Explain This

Via the Washington Blade:

The Department of Justice has requested a short-term emergency stay from the 9th Circuit Court, which last week lifted its stay of an injunction halting enforcement of the ‘Don’t Ask, Don’t Tell,’ law barring gay and lesbian military personnel from open service.

Late last year, in the Log Cabin Republicans v. USA case, Judge Virginia Phillips found the ‘Don’t Ask, Don’t Tell’ law and policy unconstitutional, and ordered the military to cease enforcing the law by placing an injunction on the policy. The 9th Cir. later placed a stay on the injunction as the Obama Department of Justice continued to appeal the case. Last week the 9th Cir. agreed with Log Cabin lawyers from the law firm White & Case that there was no need to continue enforcing the DADT policy and that the injunction on the policy should be put back in place.

The move comes as the Pentagon moves into the final stages of certifying the repeal of ‘Don’t Ask,’ passed in December and signed into law. Once the Pentagon, the Defense Secretary and President certify that the military is ready to implement repeal, the last steps in the process of ending the law will follow a 60 day Congressional review period.

Is there a lawyer out there than can explain this to me? Is this some kind of legal maneuver to insure that there aren’t further lawsuits to reinstate DADT because it wasn’t repealed according to statute? Otherwise, why in the world would the Obama administration try to stop the end of DADT?