When lawyers for gay service members go to the Ninth Circuit U.S. Court of Appeals on Thursday, they will be able to use the very words of the most conservative judge on the panel to help make a key point.
Judge Diarmuid O’Scannlain, the lone Republican appointee on the three-judge panel that will hear arguments in a suit that rendered unconstitutional “Don’t Ask, Don’t Tell,” authored an opinion on mootness that could keep the appeal alive. Keeping the appeal in Log Cabin Republicans v. U.S., 10-56634/10-56813 from being dismissed as moot — with repeal of the policy almost complete — is crucial for gay rights advocates who fear “Don’t Ask” could go back on the books under different political leadership.
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