Feb 282011
 February 28, 2011  Posted by  Court

While many of us were watching the news overseas, the Obama administration was back in court, still trying to get to delay the court to delay its order striking down Don’t Ask Don’t Tell. Maureen Cosgrove reports:

The Obama administration on Friday asked the US Court of Appeals for the Ninth Circuit to delay its review of an order striking down the military’s “Don’t Ask, Don’t Tell” policy (DADT) [10 USC § 654; JURIST news archive] because the policy will soon be ended. In December, President Barack Obama signed legislation that would repeal DADT as soon as the president, secretary of defense and chairman of the Joint Chiefs of Staff certify that the necessary policies and procedures are in place within the military to implement the repeal. After receiving certification, the full repeal must take effect within 60 days.

Read more on JURIST.

Lyle Denniston of SCOTUSblog also covered the news:

The Obama Administration, making only a tepid defense of the military’s ban on gays serving openly in the services, urged a federal appeals court on Friday not to issue any ruling and thus allow time for the Pentagon to carry out the new law passed by Congress that will repeal the ban, probably sometime this year.  The  48-page brief filed in Log Cabin Republicans v. U.S., in the Ninth Circuit Court, is here.


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