DADT Case Still Alive
BY Advocate.com Editors
January 30 2011 3:05 PM ET
Now that "don't ask, don't tell" has been repealed by Congress, the Justice Department wants a lawsuit against the policy suspended — but an appeals court says the court challenge to DADT is still in play.
The ninth circuit court of appeals in San Francisco told the Justice Department Friday that its request for suspension of a lawsuit against DADT — ruled unconstitutional last year by California trial judge Virginia Phillips and now facing appeal — was denied. The government must now file papers by February 25 to explain why it feels Phillips's ruling should be overturned.
The military outlined its plans for repeal on Friday, but the Log Cabin Republicans — who brought the successful case to Phillips's bench — want their case to continue because they say soldiers are still being discharged.
The appeals court did not give a reason for denying the Justice Department's request for suspension.
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