We still have no indication whether the Justice Department will appeal the US District Court ruling finding the military’s Don’t Ask Don’t Tell policy unconstitutional. In the meantime, Congress will try to put the finishing touches on a legislative repeal of the policy. But two Senators, mindful of using every avenue possible to end the discharges, are advocating that the Justice Department drop the lawsuit and let the ruling stand.
Sen. Mark Udall (D-CO) and Kirsten Gillibrand (D-NY) have written Attorney General Eric Holder to ask that his agency not appeal the decision from Judge Virginia Phillips. Several experts believe that the DoJ has no obligation to defend the policy, and all of the principals in the executive branch: the Secretary of Defense, the Chairman of the Joint Chiefs and the President – oppose it.