Eugene Volokh: What Next for Don’t Ask, Don’t Tell?
Eugene Volokh has this post on the Volokh Conspiracy discussing yesterday’s 1st Circuit ruling on “Don’t Ask, Don’t Tell” and the nature of the split with the 9th Circuit. Will the Supreme Court grant review? Volokh comments:
. . . On the other hand, the split is “soft,” in that the bottom line even in the Ninth Circuit may end up being the same as in the other circuits. And the factfinding in district court on remand from the Ninth Circuit may well illuminate the issue, so that there might be good reason for the Court to wait. The most important factor here, I think, will be whether the Administration files a brief in support of the certiorari petition, arguing that the Court should hear the case, though of course they would want the Court to affirm rather than reverse . . .