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Supremes refuse to lift stay on DADT injunction

Timothy Kincaid

November 12th, 2010

After Judge Phillips found that the Military’s Don’t Ask, Don’t Tell policy violated the constitutional rights of gay soldiers, she issued an injunction requiring the Military to cease enforcement of the ban on service by openly gay men and women. The Ninth Circuit Court of Appeals placed a stay on the injunction until the case could be heard in appeal.

Log Cabin Republicans (the plaintiffs in the case) requested that the Supreme Court lift the stay and today they responded by denying that request. (Fox)

Kennedy’s order simply said, “the application to vacate the stay entered by the United States Court of Appeals for the Ninth Circuit on November 1, 2010, presented to Justice Kennedy and by him referred to the Court is denied.” The order also noted that Justice Elena Kagan, who until this summer was Solicitor General, didn’t take part in the case.

This is not surprising and says little about the attitudes of the various justices about the constitutionality of the law. But if Kagan recuses herself from the case, that is one vote that was likely to be favorable that is now out of the count.

Comments

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occono
November 12th, 2010 | LINK

Aggggh. Kagan is bad news.

Tim Stewart
November 12th, 2010 | LINK

Judges and politicians know each others’ telephone numbers. There is more going on here than we’re aware of.

customartist
November 13th, 2010 | LINK

Now that Kagan has indeed recused herself, will this likewise mean that Scalia will recuse himself in cases which deal with topics, like homosexuality, that he continually comments publicly upon?

We should be dilignet in pointing this out to the Legal Community, and to the general public.

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