U.S. District Judge Virginia Phillips said this, on the matter of the Justice Dept request for a stay on the recent DADT ruling…"My tentative ruling is to deny the application for a stay."
Phillips was the Judge that issued the ruling for the military to immediately cease the policy of Don’t Ask Don’t Tell, on the basis that it was unconstitutional. Phillips stated that the government has "not proven" that the overturning of DADT would in any way harm the troops or handicap the military in any way.
The military has currently opted to abide by the original ruling, issuing orders to top military to cease to investigate and follow through with violations of DADT.
Phillips will rule as early as Tuesday on the matter. Regardless, the government can still appeal, and the farther up the case goes, the more likely it is that DADT will remain in place.