An appeals court has frozen Judge Virginia Phillips's injunction to stop the enforcement of Don't Ask, Don't Tell, meaning that the policy could be enforced again while the government tries to fight Phillips's decision.
For those of you keeping score at home, Judge Phillips ruled the policy unconstitutional in September. Then last week, she ordered the Pentagon to stop enforcing it. They complied, but the Justice Department is appealing the decision because the Obama administration wants a legislative rather than judicial (and slow rather than fast) end to the policy. Says Obama, "It has to be done in a way that is orderly, because we are involved in a war right now." So the Justice Dept. asked Phillips for a stay allowing DADT to remain in place while they appealed. No dice. They appealed that ruling, and yesterday, and appeals court granted the stay — so DADT could theoretically be back in effect while the administration gets its appeal of Phillips's larger ruling together. And then if all goes according to Obama's plan, a court will officially reinstate the policy just in time for Congress to repeal it again. If McCain ever lets them.