LCR responds to DOJ: ‘Full relief here requires nothing less than a worldwide injunction’

Yesterday, the Log Cabin Republicans legal team filed its response to the Obama administration objections to LCR’s proposed injunction. I posted DOJ’s objections here. The first line of the response sums it up:

The government’s objections fail to recognize the implication of its loss at trial.

LCR wants a worldwide injunction on the enforcement of DADT because that law has been found unconstitutional after a facial challenge. Nothing less.

Karen Ocamb has an interview with LCR’s lead attorney, Dan Woods, which includes this exchange:

KO: I just posted a piece on how upset folks are about the DADT Senate vote – and how now folks are turning to you guys. Do you have ANY idea of what a timeline for this case might look like?

DW: In terms of a timeline, I can only guess but I estimate that Judge Phillips will issue a permanent injunction, in one form or another, by the end of the next week. After that, the government has 60 days to appeal. In the meantime, they are likely to ask her to stay enforcement of the judgment, she is likely to refuse, and the government would then have to seek a stay from the Ninth Circuit Court of Appeals. Sorry it is so complicated.

So, the judge will soon issue her final order. At that time, DOJ will probably ask for a stay pending an appeal — and may even have to appeal to get the stay.

The Obama administration is aggressively defending DADT when the Obama administration doesn’t have to defend DADT. We’ve been saying making this point for over a year, since the DOMA brief debacle. See here, here and here. It’s not just us. Senators and House members are asking Obama not to appeal. But, every indication we’re getting is that DOJ will appeal.

LCR response to DOJ in DADT case http://d1.scribdassets.com/ScribdViewer.swf


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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