A federal judge said Monday she's inclined to deny a government request to delay her order that immediately stopped the military from enforcing its ban on openly gay service members.Did the Obama Department of Justice, in asking the federal judge who had just made an historic finding of unconstitutionality against them to grant a stay of her ruling, ask that the record accept into evidence an article from Rolling Stone?
U.S. District Judge Virginia Phillips said she would review the arguments from Justice Department lawyers and issue a ruling by the end of the day.
The military has promised to abide by Phillips' injunction as long as it remains in place. But government lawyers have asked her to stay the ruling while it prepares an appeal.
Phillips called their request "untimely," saying the government had plenty of opportunity to modify her injunction before she ordered it last Tuesday.
She also balked at their admission of a Rolling Stone article to support its argument that the abrupt change in the policy would hurt military readiness.
"I hardly need to say more than that," Phillips said of the article. "It's hearsay. It's not reliable."
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