Feds ask court to dismiss ‘don’t ask’ lawsuit

[William769]

(San Francisco) Even as federal officials laud the end of the U.S. military’s ban on openly gay troops, Justice Department lawyers are trying to dissuade a federal appeals court from deciding if the “don’t ask, don’t tell” policy was unconstitutional.
They filed a motion Tuesday asking the 9th U.S. Circuit Court of Appeals in San Francisco to vacate a lower court ruling last September that found the ban violated the civil rights of gay service members.

The government says the case is moot now that “don’t ask, don’t tell” is history and the more than 14,000 people discharged under the policy can apply for reinstatement.

The gay political group Log Cabin Republicans, which brought the case, wants the appeals court to address the ban’s constitutional implications.

http://www.365gay.com/news/feds-ask-court-to-dismiss-dont-ask-lawsuit/

I for one do not want the Courts to drop this case. I want it to be known as unconstitutional for all to see especially the teabaggers.

[joeybee12]

1. I agree...I think we should have a final court decision on this...knr

[Kennah]

2. Hear, Hear! There, There! In Court, Court!

[Ruby the Liberal]

3. No, it isn't moot

Get it in the books.

[Warren Stupidity]

4. That would keep the door open for reinstatement by the next administration.

no thanks.

[William769]

6. Agreed thats why it needs to be done in the courts.

[William769]

5. Self delete.

Posted in wrong place.

[Ben Gay]

7. There is no guarantee a future court would not reverse.

Nothing is forever...unfortunately.

[William769]

8. True, but it would be harder for the courts than the legislature or executive.

[Ben Gay]

10. Ah, well that explains all the legislative and executive victories for gay people the last 10

years. Oh, wait, it doesn't...

[Pab Sungenis]

9. Since the policy is "dead" in the eyes of the government

then the government really has no reason to not let the case proceed. The outcome won't change current policy or cause an implementation nightmare.