Brody's Notes... U. S. District Court Judge Tentatively Rejects Government's Request For Stay In DADT Injunction

By Brody Levesque (Washington D. C.) OCT 18 | The Associated Press is reporting that U. S. District Court Judge Virginia Phillips in Riverside, California has told United States Attorney Paul Freeborne that she is unlikely to grant the Justice Department's request for a stay in the injunction she issued last Tuesday.

According to AP's Julie Watson, Phillips wasted no time during the 25 minute long hearing rejecting the government's argument that implementing the injunction against DADT effective immediately would place an undue burden on the Defence Department.

Watson reports: 

Phillips called the government request "untimely," saying Justice Department lawyers had plenty of opportunity to modify her injunction before she ordered it last Tuesday. Phillips also said the government did not present evidence at the trial to show how her order would cause irreparable harm to troops.

Paul Freeborne told her the government had no reason to respond until her order came down. He said her nationwide injunction was unrealistic.

"You're requiring the Department of Justice to implement a massive policy change, a policy change that may be reversed upon appeal," Freeborne told her.

Watson also noted that if Judge Phillips rejects the request, the Justice Department could move to appeal at what experts say are likely to be more friendly venues: the U.S. Court of Appeals for the 9th Circuit in San Francisco and, ultimately, the U.S. Supreme Court.

Richard Socarides, former Presidential adviser on gay rights to Bill Clinton, told the Associated Press that he does not expect Phillips to grant the request:

"She seems to have lost her patience with the government's position and I think that's reflected in her ruling up until now," Socarides said. "But they will probably go to the appellate court or Supreme Court and you'll see in a couple of days that this order has been stayed."