Breaking: SCOTUS rules DADT stays in place; the discharges will continue

Via SCOTUSBlog:

The Supreme Court, without noting any dissent, agreed on Friday to leave the military's "don't ask/don't tell" policy in full effect while its constitutionality is under review in a lower court. Justice Anthony M. Kennedy referred the issue to the full Court. Justice Elena Kagan took no part in the order.

As a result of the order, the policy will remain in effect at least through mid-March, unless Congress in the meantime voted to repeal it legislatively - an unlikely prospect, according to most observers. The Ninth Circuit Court is reviewing a federal judge's decision to strike down the policy and to impose a worldwide ban on its enforcement. The Circuit Court's briefing schedule, however, will not be completed until late February or early March, and a hearing and decision would come after that.

The order Friday technically denied a request (application 10A465) to lift a Circuit Court stay of the judge's decision - in order words, the Justices were asked to allow District Judge Virginia A. Phillips' ruling to go into effect pending the appeal in the Circuit Court and, perhaps ultimately, in the Supreme Court. Because the Justices' order was a complete denial, it meant that they had turned aside not only a plea to block the policy in full, but also an alternative request at least to stop the Pentagon from ordering any discharges under the policy during the appeal.

Reactions:

Servicemembers United:

"It is unfortunate that an unconstitutional law that is causing substantial harm to military readiness and to tens of thousands of troops is allowed to remain in effect for even one more day," said Alexander Nicholson, Executive Director of Servicemembers United and the only named veteran plaintiff in the case. "This just underscores the need to continue to put pressure on Senate Majority Leader Harry Reid to allow the defense authorization bill to come back up and take its first procedural step before the Senate's Thanksgiving recess. Servicemembers United, Servicemembers Legal Defense Network, Stonewall Democrats, and the Log Cabin Republicans have all strongly and consistently called on Senator Reid to do just that. It is now time for other organizations, as well as the White House, to publicly do the same."

Log Cabin:

"Log Cabin Republicans are disappointed that the Supreme Court decided to maintain the status quo with regards to 'Don't Ask, Don't Tell,' but we are not surprised," said R. Clarke Cooper, Executive Director of Log Cabin Republicans.  "We are committed to pursuing every avenue in the fight against this failed and unconstitutional policy.  Log Cabin will continue working to secure the votes needed for legislative repeal, and if necessary, we look forward to seeing President Obama's attorneys in court next year to prove, once again, that 'Don't Ask, Don't Tell' doesn't work."

"We are disappointed by the Court's ruling to deny our application to vacate the stay by the US Court of Appeals for the Ninth Circuit," said Dan Woods, White & Case partner who is representing Log Cabin Republicans.  "With the likelihood of Congress repealing 'Don't Ask, Don't Tell' fading with each passing day, judicial relief continues to be perhaps the most viable avenue for ending this unconstitutional policy.  We and Log Cabin Republicans will continue to fight on to protect the constitutional rights of all Americans who want to serve in our military without regard to their sexual orientation.  Our next step will be to ask the Ninth Circuit to expedite the government's appeal from Judge Phillips's judgment and injunction."

SLDN:

Statement by Army veteran and Servicemembers Legal Defense Network Executive Director Aubrey Sarvis:

"We are disappointed by the Supreme Court decision, but not surprised. Today's announcement underscores the need for Senate action to repeal 'Don't Ask' in the lame-duck session."