DADT Update: 9th Circuit Issues Stay Until 10/25

Chris Geidner of Metro Weekly is reporting that the 9th Circuit has issued a stay of Judge Phillips' injunction in Log Cabin Republicans v. United States, which means that "Don't Ask, Don't Tell" is back in effect.

To wit:

After DADT had been halted from enforcement for nearly 200 hours, the Ninth Circuit order legally makes DADT enforceable again for the time being.

In a brief order, Judges O'Scannlain, Trott and W. Fletcher wrote:

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 judges' order means that a temporary stay of the trial court injunction of DADT has been granted until the Ninth Circuit can decide -- sometime after Oct. 25 -- whether to issue a stay pending the appeal of the case to the Ninth Circuit.

[...]

If a stay is granted pending the appeal, however, DADT would likely go back into effect in the interim, as the appeal is not even scheduled to complete the briefing process until the second week of March 2011.