Thursday, September 29, 2011

Log Cabin Republicans v. United States (9th Cir. - Sept. 29, 2011)

United States 1, Log Cabin Republicans 0.

The Log Cabin Republicans challenged the Don't Ask Don't Tell policy, and the district court concluded that this policy was unconstitutional.  The United States filed an appeal, and -- as we all know -- eventually, the DADT policy was repealed.

Which makes the case moot.  District court decision vacated, appeal dismissed.  The Log Cabin Republicans got everything they wanted.  Except, of course, attorney's fees and an actual decision.  But as for the policy itself, it's gone.  Which indeed means the judiciary should dismiss the case.  The right call.

Judge O'Scannlain files a concurrence in which he says that he'd have voted to reverse.  Like that's a surprise.  But good to know.