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Log Cabin appeals to Supremes

Timothy Kincaid

November 5th, 2010

Earlier this week, the Ninth Circuit Court of Appeals granted the Administration’s request to put a permanent stay on Judge Phillips’ ruling which found the Don’t Ask, Don’t Tell policy to violate the US Constitution. The Military will be able to continue to discharge gay and lesbian servicemembers until such time as the Appeal is determined.

Log Cabin Republicans didn’t accept that decision as final and have instead filed an emergency request to have the stay lifted. (CNN)

The Log Cabin Republicans filed an emergency request with the nation’s highest court to reverse the Ninth Circuit Court of Appeal decision to allow the military to continue with “don’t ask, don’t tell,” while the government appeals the lower court ruling that the law is unconstitutional.

The high court appeal– “called an “application” — is now in the hands of Justice Anthony Kennedy. He will likely ask his eight colleagues to help him decide and order the federal government to weigh in with its views before a decision is made.

Alternately, Kennedy could decide on his own. In any case, while continuing the stay may say nothing about the ultimate position of Supreme Court Justices, a lifting of the stay could tell us a great deal.

Filing after the break

Application to Vacate

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