SAN FRANCISCO – Attorneys for the Department of Justice this morning asked the Ninth Circuit Court of Appeals for an emergency stay of Judge Virginia Phillips’ permanent injunction that prohibits enforcement of the military’s “Don’t Ask, Don’t Tell” policy.
"We respectfully request that the Court enter an administrative stay by today October 20, 2010, pending this Court's resolution of the government's motion for a stay pending appeal, which would maintain the status quo that prevailed before the district
court's decision while the Court considers the government's stay motion," the DOJ attorneys wrote in their filing with the court.
The legal action was expected.
On Tuesday, Judge Phillips had denied the DOJ’s request for an emergency stay and DOJ attorneys said they would appeal that decision.
Meanwhile, the Pentagon is allowing gays and lesbians to enlist. Dan Choi, who was drummed out of the military because of DADT, tweeted this morning that he passed the Army's written test today. But the legal mess could complicate the future service of any enlistees who declare they are gay or lesbian, should DADT policy go back into place.