As expected, the Justice Department asked an appeals court Wednesday to put a hold on U.S. District Judge Virginia Phillips’ recent injunction to stop the military from enforcing its “don’t ask, don’t tell” policy. Why would the government do this? According to the DoJ, the ruling was too quick and all-encompassing, and it bypassed crucial judicial steps that shouldn’t be skipped. This one could go all the way to the Supreme Court. —KA
Los Angeles Times:
The Justice Department said it has a duty to defend the laws enacted by Congress, even though President Obama is urging Congress to repeal the law and to allow openly gay men and women to serve in the military.
The government said the “sweeping injunction against a duly enacted Act of Congress” was wrong as a matter of law. It is “at odds with basic principles of judicial restraint requiring courts to limit injunctive relief to the parties before the court, and is contrary to decisions of other courts, which have sustained the constitutionality of the statute.”