Attorney Earle Miller, part of the White & Case legal team representing Log Cabin Republicans in the federal challenge to DADT, filed a proposed judgment and permanent injunction order with Judge Phillips Thursday afternoon, per Phillip’s Sept 9 ruling that Don’t Ask, Don’t Tell is unconstitutional. The Department of Justice now has seven days to object.
Meanwhile, Kerry Eleveld at The Advocate reports that the legislative repeal of DADT may be “held hostage” over partisan disagreements in the Senate. Eleveld writes:
“Democrats must find 60 votes to break the filibuster the GOP is threatening to mount, meaning they will likely need to sway at least one or two Republicans to vote against their party. But Majority Leader Harry Reid and Minority Leader Mitch McConnell are playing a game of chicken over how many amendments Republicans will be allowed to offer once the Defense authorization bill reaches the floor, putting moderate GOP senators like Senator Susan Collins in a bind.”Thursday was also a mega-lobbying day on the Hill to try to convince congressmembers to support DADT repeal. Perhaps attention should now be turned to lobbying President Obama and Attorney General Eric Holder to NOT appeal or object to the federal DADT ruling. Long shot, I know – but worth some energy.
Here’s the text of the LCR proposed judgment and permanent injunction:
This action was tried by Judge Virginia A. Phillips without a jury on July 13- 16 and 20-23, 2010. The Court filed a Memorandum Opinion on September 9, 2010 (Doc. 232), and Findings of Fact and Conclusions of Law. For all the reasons set forth therein:
IT IS ORDERED that the statute and policy known as “Don’t Ask, Don’t Tell,” codified at 10 U.S.C. § 654 and implemented by regulations comprising Department of Defense Directives 1332.14 (1993), 1332.30 (1997), and 1304.26 (1993), as modified by Department of Defense Instructions 1332.14 (2008) (incorporating March 29, 2010 changes) and 1332.30 (2008) (incorporating March 29, 2010 changes), are declared to infringe the fundamental rights of United States servicemembers and prospective servicemembers and violate (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution and (b) the rights to freedom of speech and association and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.
IT IS FURTHER ORDERED that the defendants the United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, are permanently enjoined from enforcing or applying the statute and policy known as “Don’t Ask, Don’t Tell,” including any implementing regulations, against any person under their jurisdiction or command, and from taking any actions whatsoever, or permitting any person or entity to take any action whatsoever, against gay or lesbian servicemembers, or prospective servicemembers, that in any way affects, impedes, interferes with, or influences
their military status, advancement, evaluation, duty assignment, duty location, promotion, enlistment or reenlistment based upon their sexual orientation; and they are further ORDERED to immediately suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under 10 U.S.C. § 654 and/or its implementing regulations on or prior to the date of this Judgment.
IT IS FURTHER ORDERED that the plaintiff Log Cabin Republicans may apply to recover from the United States its attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, in accordance with the provisions of that Act.
IT IS FURTHER ORDERED that the plaintiff Log Cabin Republicans shall recover its costs of suit herein to the extent allowed by law.
IT IS SO ORDERED.
PRESENTED BY: WHITE & CASE LLP
By: Earle Miller Earle Miller
Attorneys for Plaintiff Log Cabin Republicans
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