With one judge dissenting, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a stay of the injunction of the military’s “Don’t Ask, Don’t Tell” policy issued by U.S. District Judge Virginia Phillips, pending the outcome of the government’s appeal of Log Cabin Republicans v. United States.

Last night (Tuesday October 19), Central District of California Judge Virginia Phillips entered her order denying the Obama DOJ motion for stay of her surprisingly broad worldwide injunction against enforcement by US Military of the DADT policy.

The final ruling should come out of the Riverside, CA courtroom this morning. But based on yesterday’s hearing, we can expect a rejection of the stay. The judge said the government failed to show proof of “irreparable harm” to the military if the injunction goes forward.

By wildly overreaching her injunctive authority, Judge Virginia Phillips has given the Obama White House/Executive Branch legitimate and compelling grounds to appeal that are separate from the critical merits issue of the constitutionality and propriety of DADT, which is a discriminatory and loathsome policy and should be terminated immediately.