WASHINGTON – Attorneys for the Log Cabin Republicans have asked the U.S. Supreme Court to weigh in on the stay of the appeals court injunction in the “Don’t Ask, Don’t Tell” case.
“We have today filed an application with the United States Supreme Court asking it to vacate the Ninth Circuit’s order staying Judge Phillips’s injunction pending appeal,” said Dan Woods, White & Case partner who is representing LCR.
“We argue in this application that the Ninth Circuit order was arbitrary and an abuse of discretion and should be vacated immediately.
“We continue to look forward to the day when all Americans can serve in our military without regard to their sexual orientation,” Woods said.
Justice Anthony Kennedy, who holds sway over the Ninth Circuit Court of Appeals, could decide on his own to vacate the appeals court stay or he could refer the application to the full court.
If the stay is vacated, DADT would be dead pending the appeal. If the stay is kept, then DADT would remain the law until the court case is concluded.