DOJ has asked Ninth Circuit for emergency stay in DADT case by today

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


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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