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Legal Commentary
: The Volokh ConspiracySupreme Court: DADT Remains in Effect During Ninth Circuit Appeal
By Dale Carpenter
As expected, the Court has upheld the Ninth Circuit?s stay of a district court?s injunction against DADT. There was apparently no dissent on the Court, although Justice Kagan took no part in the decision, presumably because she headed the DOJ during much of the litigation defending the constitutionality of the ban on gay military personnel.
That leaves the short-term fate of DADT in the hands of President Obama and Congress.
Full post as published by The Volokh Conspiracy on November 12, 2010 (boomark / email).
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