Interesting - the walls are closing in as the Log Cabin case continues to place pressure on the administration. Up on Scribd is an order from the Ninth Circuit, placing the government in a position where it must declare whether it believes DADT is constitutional.
The order can be found at the link.
This is big news, as our Resident Anonymous Gay Lawyer says:
The Ninth Circuit has recognized that LCR is right about DOJ abandoning its defense of DADT's constitutionality. So it's now issued an order commanding DOJ to tell the court whether it truly intends to defend the constitutionality of 10 U.S.C. § 654 or not. The court also wants to know this so that it can decide whether to permit either an amicus (or possibly BLAG, if it chooses to intervene) to participate in oral argument. Finally, it's asking for the parties' views on whether the case is already moot or will become moot upon certification.Good to see the court has rejected DOJ's BS argument that the issue isn't the constitutionality of DADT but rather of the Repeal Act. The mootness stuff is a bit troubling, since I don't see how the case could possibly be moot already.