The Surpreme Court will keep DADT in effect while it's under review

Here is some breaking news... well, it's not breaking now, but anyway...

UPDATE 1:51 p.m.  The Supreme Court, without noting any dissent, agreed on Friday to leave the military’s “don’t ask/don’t tell” policy in full effect while its constitutionality is under review in a lower court.  Justice Anthony M. Kennedy referred the issue to the full Court.  Justice Elena Kagan took no part in the order. 


As a result of the order, the policy will remain in effect at least through mid-March, unless Congress in the meantime voted to repeal it legislatively — an unlikely prospect, according to most observers.  The Ninth Circuit Court is reviewing a federal judge’s decision to strike down the policy and to impose a worldwide ban on its enforcement.  The Circuit Court’s briefing schedule, however, will not be completed until late February or early March, and a hearing and decision would come after that.

The order Friday technically denied a request (application 10A465) to lift a Circuit Court stay of the judge’s decision — in order words, the Justices were asked to allow District Judge Virginia A. Phillips’ ruling to go into effect pending the appeal in the Circuit Court and, perhaps ultimately, in the Supreme Court.  Because the Justices’ order was a complete denial, it  meant that they had turned aside not only a plea to block the policy in full, but also an alternative request at least to stop the Pentagon from ordering any discharges under the policy during the appeal.

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