11 July 2011

U.S. appeals court orders Obama Administration to take a position on whether or not DADT is constitutional

Today the U.S. Court of Appeals for the Ninth Circuit issued this order, in the Log Cabin Republican case which challenges the Don't Ask, Don't Tell or DADT policy. I have previously discussed the case here and here.

The federal appeals court ordered the administration to advise it within ten days whether the U.S. government will abandon any defense of the law. And if so, whether the administration will do so in time to enable the U.S. Congress to take up the defense and join in the appeals court’s review. The appeals court also ordered the parties to offer reasons why the case should not now be dismissed as moot or when the repeal law actually takes effect.

Under the repeal law, which is known as Don’t Ask, Don’t Tell Repeal Act of 2010 (“Repeal Act”), Pub. L. No. 111-321, 124 Stat. 3515 (2010), its effective date is 60 days after the President, the Defense Secretary, and the Chairman of the Joint Chiefs of Staff formally certifies that the U.S. Armed Forces is ready to implement the law.

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