November 5, 2010
By Eden James
Per a bulletin from Rex Wockner, the following news just broke:
Attached please find the Log Cabin Republicans’ application to vacate the Ninth Circuit order and related papers that were just filed with the US Supreme Court. Also find below a quote from R. Clarke Cooper, executive director of Log Cabin Republicans, and Dan Woods, White & Case partner who is representing Log Cabin Republicans. Also included below is a short Q&A regarding process moving forward that you may find helpful.
R. Clarke Cooper, Executive Director, Log Cabin Republicans:
“It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court.”
Dan Woods, White & Case:
“We have today filed an application with the United States Supreme Court asking it to vacate the Ninth Circuit’s order staying Judge Phillips’s injunction pending appeal. We argue in this application that the Ninth Circuit order was arbitrary and an abuse of discretion and should be vacated immediately. We continue to look forward to the day when all Americans can serve in our military without regard to their sexual orientation,” said Dan Woods, White & Case partner who is representing Log Cabin Republicans.
Q: Will the entire Supreme Court be involved in considering whether to vacate the Ninth Circuit order?
A: That is up to Justice Kennedy. He may decide himself or he may refer the application to the full court.
Q: How long will the review take?
A: That is also up to the court. The Court may allow the government the opportunity to respond to our application.
Q: What are the next steps if the Court vacates the ruling/doesn’t vacate the ruling?
A: If the Court vacates the stay order, DADT is dead pending the appeal, and we have for all intents and purposes won. If it doesn’t, we will next move in the Ninth Circuit to expedite the Judge’s decision.
Here are the documents, via Scribd:
Application to Vacate:
[scribd id=41203937 key=key-rvitc60fnck9xx95xuf mode=list]
[scribd id=41203956 key=key-1myckak6wedoi4bgksez mode=list]
Certificate of Service:
[scribd id=41204369 key=key-qfbi36m9vop2b1h1gwu mode=list]