Tuesday, October 12, 2010
This just in via Daily Kos: "U.S. district judge Virginia A. Phillips orders the Defense Department to 'immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding.'" Phillips' ruling regards the case brought by the Log Cabin Republicans.
Here's the text of the order:
1) DECLARES that the act known as "Don't Ask, Don't Tell" infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.The Advocate notes:
(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the "Don't Ask, Don't Tell" Act and implementing regulations, against any person under their jurisdiction or command;
(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.
(4) GRANTS Plaintiff Log Cabin Republicans' request to apply for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and
(5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion for costs of suit, to the extent allowed by law.
In her order Phillips did not specify when the injunction would become effective. Justice Department attorneys have objected in court to the immediate halt of DADT enforcement and may appeal the injunction to the U.S. court of appeals for the ninth circuit.Servicemembers United reacts via press release:
"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said Alexander Nicholson, Executive Director of Servicemembers United and the sole named veteran plaintiff in the case along with the Log Cabin Republicans. "While this is certainly news to be celebrated, we would also advise caution in advance of a potential stay from the Ninth Circuit. If the appellate court wishes to put itself on the right side of history, however, it will allow this sound and long-over due decision to remain in effect."
The case that won the injunction, Log Cabin Republicans vs. United States of America, was originally filed in 2004. Just last month, and after a two-week trial in July, Judge Phillips issued her final ruling in the case, finding that the "Don't Ask, Don't Tell" law was unconstitutional on first and fifth amendment grounds. She also indicated her intent to issue an injunction barring further discharges in light of that finding. A copy of the injunction can be found at www.ServicemembersUnited.org/injunction.
Igor Volsky, Think Progress: "Earlier today, Judge Virginia Phillip - the California federal judge who ruled that Don’t Ask, Don’t Tell violated the due process clause of the Fifth Amendment and freedom of speech under the First Amendment - granted the Log Cabin Republican’s request for a broad injunction against further discharges."
Read the Article
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