Now that the DADT Repeal has been implemented the The Ninth Circuit Court of Appeals has dismissed the Log Cabin Republican’s case against “Don’t Ask, Don’t Tell” stating that “the repeal, in short, gave Log Cabin ‘everything’ its complaint ‘hoped to achieve.’”
The question is did the Ninth Circuit drag its heels and wait until after the DADT Repeal became effective so it would not have to rule in favor of the LCR and against the Federal Government and thus NOT set a precedent.
IF the Ninth Circut did indeed declare DADT unconstitutional . Future administrations and Congress could not reinstate it and declaring it unconstitutional would have paved the way for soldiers discharged under DADT to get reinstatement, back pay, or other compensation for being unlawfully discriminated against.
But what really hurts in this decision is that the Ninth Circuit vacated all of the lower courts finding. So all the findings in favor of Log Cabin Republicans suits are now gone and stricken from the record. and have absolutly no precedential, preclusive, or binding effect on any anti-gay case in the future. Including if God forbid DADT was reinstated.
Soi basically what the Ninth Circut said was. You got what you wanted so now go away and lets make believe that none of this happened, okay?