Court Asks What Obama's Next Move Is on DADT

[William769]

Although the Defense Department has confirmed that “don’t ask, don’t tell” is going unenforced as a result of a court ruling last week, a key question about the policy’s constitutionality remains alive.

And so a three-judge panel today ordered the Justice Department — which has not appealed the ruling — to instruct the court on whether it intends to defend the policy’s constitutionality “within such time as to … enable Congress to take action to intervene in timely fashion in this proceeding.”

The Department of Justice has offered radio silence in response to the ruling since its Wednesday statement that it is “reviewing” the order. It’s been five days since the 9th Circuit U.S. Court of Appeals ordered that any further enforcement of “don’t ask, don’t tell” must cease, despite a lengthy, ongoing repeal process for the policy that President Obama has said will be completed by this month.

The court also asked parties in the longstanding case, brought by the Log Cabin Republicans, to submit arguments on whether the suit should be rendered moot upon repeal certification of DADT. The court ordered both parties respond to the order within 10 days. Oral arguments in the case before the 9th circuit are scheduled for the week of August 29.

http://www.advocate.com/News/Daily_News/2011/07/11/Court_Wants_to_Know_What_Obama_s_Next_Move_Will_Be/