October 29, 2010 at 5:40 pm EDT | by Chris Johnson
Appellate court likely to rule today on stay of ‘Don’t Ask’ injunction (updated)

The Washington Blade has learned that a U.S. appellate court will likely issue a decision today on whether not to extend a stay on an injunction against the enforcement of “Don’t Ask, Don’t Tell” issued by a lower court.

A source familiar with the case, who spoke on the agreement of anonymity, said the U.S. Ninth Circuit Court of Appeals will “most likely” make a decision on the issue of a stay before the end of afternoon Pacific Time. It’s unknown whether the court would allow the stay to continue or put the injunction against “Don’t Ask, Don’t Tell” back in place.

Earlier this month, U.S. District Court Judge Virginia Phillips issued a injunction against the enforcement of “Don’t Ask, Don’t Tell” that confirmed her earlier ruling against the law in September. But after the U.S. government appealed the decision to the Ninth Circuit, the higher court issued a temporary stay on the injunction.

The Obama administration has been seeking to make the stay on the injunction permanent as the Ninth Circuit considers the case of Log Cabin v. United States. Earlier this week, LGBT groups that support “Don’t Ask, Don’t Tell” repeal filed briefs with the appellate court asking them to deny the government’s request for a stay and leave the injunction in place.

UPDATE: Close of business passed in California with no word from the Ninth Circuit on the “Don’t Ask, Don’t Tell” stay. The source speaking on anonymity said a decision won’t come down until next week at the earliest.

Chris Johnson is Chief Political & White House Reporter for the Washington Blade. Johnson is a member of the White House Correspondents' Association. Follow Chris

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