Bench Memos

NRO’s home for judicial news and analysis.

Re: Ninth Circuit Stay of Injunction Against Don’t Ask, Don’t Tell


Absolutely no surprise here: The Supreme Court today refused to vacate the Ninth Circuit’s stay of the federal district judge’s injunction against enforcement of the Don’t Ask, Don’t Tell law in Log Cabin Republicans v. United States. So the Don’t Ask, Don’t Tell law will continue in effect.

No justice dissented from the order. Justice Kagan, who was involved in the case as Solicitor General (as part of her broader efforts to undermine Don’t Ask, Don’t Tell), did not take part.

The only thing that is surprising is that counsel for Log Cabin Republicans thought it even worthwhile to apply to the Supreme Court to vacate the stay. But I suppose that counsel perceived no downside to making a request that was virtually certain to be denied.


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