It ain't over 'til it's over

On Friday, the Ninth Circuit Court of Appeals ruled that a lawsuit challenging "don't ask, don't tell" policy can continue at least for now.

The White House had asked the court to set the case aside because of the decision of Congress to end the ban on gay and lesbian servicemembers and, it said, the Pentagon was moving as fast as it could to implement the change. President Hopey-Changey (President H-C for short and no, dumbos, get a grip, that is not a sly reference to a President Hillary Clinton) has said he expects to finalize the repeal by the end of 2011.

The Log Cabin Republicans, the gay political group whose lawsuit challenging "don't ask, don't tell" persuaded District Court Judge Virginia Phillips in September to enjoin the military from enforcing the policy, had opposed the government's effort to put the case on hold.

R. Clarke Cooper, the group's president, said Saturday that while he thinks the Pentagon's efforts are sincere, the case should proceed as long as gay servicemembers still can be discharged.

The case, that is, could be thought of as a kind of backstop in case the Pentagon's plans stall.

The court agreed to proceed, at least for now, ordering the DOJ to explain why it should overturn Phillips' ruling. The deadline for filing is February 25. And I still wonder how the Log Cabin Republicans can stay in a party that hates them.