The Supreme Court this afternoon declined to halt the Obama Administration’s enforcement of the military’s Don’t Ask Don’t Tell policy while an appeals courts decides whether to uphold a lower court ruling that the policy is unconstitutional.
The Supreme Court denied without comment the Log Cain Republicans’ request to vacate the stay issued by the Ninth Circuit Court Of Appeals on November 9, 2010. That stay stopped Judge Virginia Phillips’ October injunction against enforcing DADT from going into full effect following her ruling that the policy is unconstitutional.
The Administration is pushing Congress to pass legislation in the lame duck session to allow it to end DADT after the Pentagon issues a report on how the end of the ban against openly gay and bisexual people serving in the military. Sources report that the survey conducted by the Pentagon, which drew fire last summer, shows that most members of the military either think an end to the ban will have little or a positive effect.