No Interlocutory Appeal For 'Don't Ask, Don't Tell'

Law360, New York (November 25, 2009, 6:52 PM EST) -- A federal judge has refused to certify the U.S. government's interlocutory appeal of a June order denying its motion to toss the Log Cabin Republicans' constitutional challenge to the Clinton-era “don't ask, don't tell” policy.

Judge Virginia A. Phillips of the U.S. District Court for the Central District of California on Tuesday rejected the government's argument that an appeal would materially advance the resolution of this action, ruling that the government's “unexplained” four-month delay in asking for the appeal “belies its contention that its objective is...
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