Merc, to your point about CIC issuing a order, the problem is that another CIC (President) could resend that order and the whole issue would ping-pong.
Here is what is happening today...
Posted on Advocate.com
November 05, 2010
Log Cabin Petitions Supreme Court
By Kerry Eleveld
Quote:
The Log Cabin Republicans filed papers Friday asking the U.S. Supreme Court to reinstate
a worldwide injunction on enforcement of the military’s “don’t ask, don’t tell” policy
while the case is being litigated.
<snip>
Log Cabin's lead attorney in the case said the group was asking the Supreme Court
to get involved because officials believed the ninth circuit had overreached when it suspended the injunction.
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Quote:
"It's rare for any litigant to pursue an interim stay issue all the way to the Supreme Court.
It involves the court in the case at a very early stage of the appeals process and is often*considered*risky,"
he explained. "That said, I imagine the plaintiffs feel they don't have much to lose,
even though the*likelihood*of*success*on this interim request is low.
But if they do*prevail, they would gain a lot of strategic leverage."*
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Quote:
The appeal to Supreme Court justice Anthony M. Kennedy is seemingly a long shot.
Justice Elena Kagan may have to recuse herself from the case based on her former role as solicitor general
for the government while the case was in its initial stages.
That would leave four conservative-leaning justices (John Roberts, Samuel Alito, Antonin Scalia, and Clarence Thomas)
and three liberal-leaning ones (Sonia Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer).
Justice Kennedy is considered the swing vote, as always, but Kagan's recusal leaves the left one justice short.
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