The Log Cabin Republicans are asking the Supreme Court to overrule the 9th Circuit Court of Appeals, which decided to keep “Don’t Ask, Don’t Tell” in place while it prepares to hear arguments on the issue at a future date.
The group’s executive director, R. Clarke Cooper, says the Obama administration has “forced” his group to go to the Supremes with the issue, which he calls “unfortunate.” Justice Anthony Kennedy, who handles Ninth Circuit appeals, could rule on the case on his own or refer it to the whole court. It doesn’t look good for DADT repeal advocates: with newbie justice Elena Kagan likely to recuse herself for her work on the issue as solicitor general, the deciding justices would be five on the conservative end, and three on the liberal side of things. But you never know!
Don’t Ask, Don’t Tell Decision Appealed To Supreme Court [Washington Post]
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