Judge Requests Appeal To Stay DADT Injuction

A federal judge in California ruled that “Don’t Ask, Don’t Tell” was unconstitutional and ordered that discharges under the policy must end. The judge also rejected the administration’s request for a stay on the decision pending appeal. A second judge has now also rejected a stay of the ruling pending appeal.

U.S district judge Virginia A. Phillips issued a tentative ruling Monday rejecting the government’s request for a stay in the injunction against “don’t ask, don’t tell” but will issue a formal ruling by late Monday afternoon or Tuesday morning.

During the 25-minute hearing, Phillips wasted no time in rejecting the government’s arguments that barring dadt immediately would be an undue burden on the military and called the justice department’s declarations to the court both vague and insufficient.

I do understand the administration’s logic that it is supposed to defend the nation’s laws. However, it doesn’t make any sense at all to request that DADT discharges continue while they try to stop discharges. Just stop the discharges, period.