Posted on 11/12/2010 1:11:44 PM PST by Neil E. Wright
The Supreme Court ruled Friday that a controversial law prohibiting homosexuals from openly serving in the armed forces can remain in place while the government appeals a federal judge's decision striking down the Don't Ask, Don't Tell Act.
A gay rights group asked the high court to overturn a stay order from the Ninth Circuit U.S. Court of Appeals keeping the law in effect while that court reviews the case. The petition from the Log Cabin Republicans was presented to Justice Anthony Kennedy who is responsible for handling emergency requests out of the Ninth Circuit.
Kennedy's order simply said, "the application to vacate the stay entered by the United States Court of Appeals for the Ninth Circuit on November 1, 2010, presented to Justice Kennedy and by him referred to the Court is denied." The order also noted that Justice Elena Kagan, who until this summer was Solicitor General, didn't take part in the case.
(Excerpt) Read more at politics.blogs.foxnews.com ...
Keep the law as it is. Two percent of the population cannot dictate policy to the rest of America. Particularly military policy during war time.
America! It's about
THANK GOD AND JUSTICE KENNEDY!
Smack down.
These headlise are so incorrect. The Court declined to exercise jurisdiction, while the case was pending before a lower court. The Court decided nothing.
On the other hand, it's great to see Kennedy deferring at long freaking last--and if only temporarily--to the power of Congress to make these decisions.
“The order also noted that Justice Elena Kagan, who until this summer was Solicitor General, didn’t take part in the case.”
_____________________________________________
Now what possible difference would it even make if a carpet muncher took part in this case or not????
~smirk~
The Log Cabin “Republicans” are an extreme far left group trying to hijack the GOP. You wonder why people like Eric Erickson of Red State give them a platform and a seat at the table.
Any 4 Justices participating the the cert pool in favor of Certiorari will result in a grant of the Petition. There is no reason to think Kennedy was involved or not involved.
Here is the rule:
Rule 11. Certiorari to a United States Court of Appeals before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
Denial of cert. decided nothing.
PRAY that Kennedy doesn’t retire while that Muslim Marxist is in Office.
Absolutely correct. Why any Republican politician would give this gay pressure group the time of day, just because they pretend to be 'Republicans', is beyond me. I'm a 'Reagan Republican' voter but sometimes I have to agree that they don't call it 'the stupid party' for nothing.
Kennedy got this one right.
What I don’t understand is why Obama is having his minions appeal this at all. I mean, it was the perfect opportunity to let DADT go away essentially without having to do anything. Maybe that is why the homo-Rats are so angry with him.
If she took part, she would not be eligible to judge the case because of a conflict of interest.
Now the Ninth Circuit will do its thing, and whatever decision issues forth will be appealed to and decided by an eight member SCOTUS (assuming Kagan doesn't participate). If I understand the process correctly, a 4-4 split would leave the Ninth Circuit's decision intact but would not be binding precedent.
Kagan tried to sabotage the case early on by ensuring that only the weakest of showings was put on by the government at the trial stage.
This promises to be a freaking nightmare to the bitter end.
But in the short term, the gay mafia doesn't get to force its perversions on the military. We should be happy to take such victories anytime we can get them.
“Log CabinChafing Republicans”
I would call them either the Log Jamming Republicans or the Fudge Packer Republicans.
In fact, I wouldn’t use the word Republican in their name at all. They should be named what they really are, Democrats in RINO clothing.
By the time the press mangles the thing up, I can’t tell who did what.
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