With the not-quite-repeal bill passed and signed, and the policy due to end, well, sometime, we don't really know when (plus 60 days), the Department of Justice argued before the Ninth Circuit Court of Appeals that it wasn't really necessary to go forward with the Log Cabin Republicans successful court challenge of the Constitutionality of the military's “Don't Ask, Don't Tell” policy. It's OK, they're on it, they assured the Judges.
The judges didn't buy it. They've denied the Department of Justice their request for a stay. Filed from the Ninth Circuit moments ago.
The opposed motion to hold these appeals in abeyance is denied. The briefing schedule is reset as follows: the government’s opening brief and excerpts of record are due February 25, 2011; Log Cabin Republicans’ answering brief and supplemental excerpts of record are due March 28, 2011; and the government’s reply brief is due 14 days after service of the answering brief. The pending motions filed by proposed intervenor Joseph Zernik shall be addressed by separate order.
This bumps the case back a bit from the original argument dates. Looks like the military, which Keori pointed out didn't have a target date for implementing repeal, just got a kick in the pants.