A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued a temporary stay of U.S. District Judge Virginia Phillips's Oct. 12 order in Log Cabin Republicans v. United States halting all enforcement of the military's "Don't Ask, Don't Tell" policy.
In a brief order, Judges O'Scannlain, Trott and W. Fletcher wrote:
This court has received appellant's emergency motion to stay the district court's October 12, 2010 order pending appeal. The order is stayed temporarily in order to provide this court with an opportunity to consider fully the issues presented.
Appellee may file an opposition to the motion for a stay pending appeal by October 25, 2010. To expedite consideration of the motion, no reply shall be filed.
This means that a temporary stay of the trial court injunction of DADT has been granted until the Ninth Circuit can decide whether to issue a stay pending the appeal of the case to the Ninth Circuit.