9th Circ. Won't Hear 'Don't Ask, Don't Tell' Again

Law360, New York (December 5, 2008, 12:00 AM EST) -- In an ongoing battle over the U.S. military's “Don't Ask, Don't Tell” policy, a federal appellate court has refused to reconsider its partial reversal that resurrected a suspended lesbian Air Force reservist's labor suit against the military.

The U.S. Court of Appeals for the Ninth Circuit on Thursday denied the Air Force's petition for en banc review, prompting 32 pages of dissenting arguments from six judges arguing that the courts don't have the authority to reconsider Congress's “Don't Ask” policy.

Enacted during the Clinton Administration, “Don't...
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