Not unexpected, but Josh Gerstein from Politico broke the news via twitter:
Justice Department just filed emergency stay request with 9th Circuit on #DADT. More TK
From the motion, here’s what the Obama administration wants:
We respectfully request that the Court enter an administrative stay by today October 20, 2010, pending this Court’s resolution of the government’s motion for a stay pending appeal, which would maintain the status quo that prevailed before the district court’s decision while the Court considers the government’s stay motion.
Basically, DOJ is arguing that it will win on appeal. And, the argument relies heavily on the Pentagon Working Group. But, that work is all for naught if Congress doesn’t change the law and that’s looking less and less likely.
I’ve uploaded the document to Scribd.com:
Emergency Stay Request http://d1.scribdassets.com/ScribdViewer.swf