9th Circuit stays ruling allowing gays in military

U.S. Court of Appeals for the Ninth CircuitImage via Wikipedia
San Francisco Chronicle:

A federal appeals court granted the Obama administration's request today to let military authorities resume discharging openly gay and lesbian troops, at least temporarily, while the court considers the government's appeal of a ruling striking down the "don't ask, don't tell" law.

The Ninth U.S. Circuit Court of Appeals in San Francisco issued a brief order suspending the judge's ruling until at least Monday. The three-judge panel said it would review the case further and decide whether to allow enforcement of the law during the entire appeal process, which could last many months.

The court acted hours after Obama administration lawyers filed an emergency motion seeking a stay of the Oct. 12 order by U.S. District Judge Virginia Phillips of Riverside that halted all discharges under don't ask, don't tell, a law enacted in 1993.

Phillips' order was an "extraordinary and unwarranted intrusion into military affairs," the Justice Department told the court.

...
I agree with the description of her order. It makes sense to keep the policy in place while the appeal is in process. Her order was overly broad and should have been directed to the commander in chief and not to the military commands around the world.
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