September 29, 2011 7:22 PM
Appeals Court Tosses ‘Don’t Ask, Don’t Tell’ Challenge
Posted by Victor Li
Saying the case was moot, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday dismissed a constitutional challenge to the U.S. military’s “Don’t Ask, Don’t Tell” law, which was repealed as of September 20.
The court’s unsigned 11-page opinion vacated a September 2010 decision by California federal district Judge Virginia Phillips that found “Don’t Ask, Don’t Tell” to be unconstitutional. One member of the appellate panel, Judge Diarmuid F. O’Scannlain, wrote separately that the court should have reversed the lower court because “Don’t Ask Don’t Tell” was not unconstitutional.
The ruling was a blow to the Log Cabin Republicans, which has pressed on with its case to have the law declared Read More from the Article Source: http://amlawdaily.typepad.com/amlawdaily/2011/09/dadt-decision.html
