Judge Virginia Phillips DENIES The Government’s Request For A Stay On The DADT Injunction
Judge Virginia Philips today DENIED the government’s request for a stay in the injunction against “Don’t Ask, Don’t Tell”. Judge Phillips wasted no time in rejecting the government’s arguments that barring DADT immediately would be an undue burden on the military and called the justice department’s declarations to the court both vague and insufficient
From the Associated Press
Phillips called (the DOJ) request ‘untimely,’ saying the government had plenty of opportunity to modify her injunction before she ordered it last Tuesday. She also balked at their admission of a Rolling Stone article to support its argument that the abrupt change in the policy would hurt military readiness. ‘I hardly need to say more than that,’ Phillips said of the article. ‘It’s hearsay. It’s not reliable.’ Phillips also said the Justice Department also did not present evidence at the trial to show how her order would cause irreparable harm to U.S. troops. Justice Department attorney Paul Freeborne told her the government had no reason to respond until her order came down. He said her nationwide injunction is 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. Freeborne said the government would go to a higher court if she denied their request to temporarily freeze her injunction.”
Phillips is expected to issue a formal ruling later Monday or early Tuesday
Obviously Judge Virgina Phillips has bigger balls than our “fierce advocate”. This almost makes one think maybe one of the three branches of government is working,
BRAVA Judge Philips!