As a result of the order, the policy will remain in effect at least through mid-March, unless Congress in the meantime voted to repeal it legislatively — an unlikely prospect, according to most observers. The Ninth Circuit Court is reviewing a federal judge’s decision to strike down the policy and to impose a worldwide ban on its enforcement. The Circuit Court’s briefing schedule, however, will not be completed until late February or early March, and a hearing and decision would come after that.
The order Friday technically denied a request (application 10A465) to lift a Circuit Court stay of the judge’s decision — in order words, the Justices were asked to allow District Judge Virginia A. Phillips’ ruling to go into effect pending the appeal in the Circuit Court and, perhaps ultimately, in the Supreme Court. Because the Justices’ order was a complete denial, it meant that they had turned aside not only a plea to block the policy in full, but also an alternative request at least to stop the Pentagon from ordering any discharges under the policy during the appeal.
Read the entire SCOTUSBlog piece for the legal ins and outs.
H/T latimestot@Twitter for the heads up so I could search for links.
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