White House Asks Court To Lift "Don't Ask, Don't Tell" Ban

Politico reports:

The Obama administration asked a federal appeals court Thursday to lift an order it recently issued re-imposing a worldwide ban on enforcement of the "don't ask, don't tell" policy banning openly gay servicemembers. However, the administration is assuring those who favor dismantling the policy that the next major step towards its final demise is likely to come within a few weeks.

Instead of seeking relief from the Supreme Court, the Justice Department is asking the U.S. Court of Appeals to reconsider its July 6 order which found that changes in the legal landscape weighed in favor of reimposing the ban issued by a federal district court in California last year. The appeals judges cited the Obama administration's conclusion earlier this year that federal actions based on sexual orientation should get heightened scrutiy in court and the fact that the administration was not arguing that the 1993 law imposing "don't ask, don't tell" was constitutional.

"The Department has filed a motion asking the Ninth Circuit to reconsider its order lifting the stay of the injunction on the 'Don’t Ask, Don’t Tell' policy to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal," Justice Department spokeswoman Tracy Schmaler said in a statement Thursday night. "The temporary transition process that Congress and the President established as a prerequisite to the repeal of DADT has been underway for several months now, and senior military leaders are expected to make their decision on certifying repeal within the next few weeks."