Breaking: Federal appeals court grants stay, reinstates ‘Don’t Ask, Don’t Tell’


A federal appeals court late today reinstated “Don’t Ask, Don’t Tell,” the military‘s ban on openly gay service members.

A three-judge panel U.S. Court of Appeals for the Ninth Circuit granted the Justice Department‘s emergency request to allow the policy to remain intact while the appeals court considers the issues presented. [via Metro Weekly]

This court has received appellant’s emergency motion to stay the district court’s October 12, 2010 order pending appeal. The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.

Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010. To expedite consideration of the motion, no reply shall be filed.

The stay is only temporary stay, granted through October 25, by which time the plaintiffs, the Log Cabin Republicans, can file an opposition to the motion for when the Court determines whether the injunction should go forward while the case is under appeal.

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