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June 10, 2009

Additional insight on this week's denial of cert in the DADT case

Professor Art Leonard has this analysis of the Supreme Court's denial of certiorari in the Pietrangelo case challenging Don't Ask, Don't Tell. 

In response to an item I had posted elsewhere about the Obama administration's defense of the policy, Art explained:

Mr. Pietrangelo's co-plaintiffs also filed a brief with the Court urging it to deny the petition for review. The considered view of those who have been litigating this issue has been that the Witt case, pending in the 9th Circuit, has proved to be a better vehicle for challenging the policy in court. Pietrangelo filed this petition on his own, against the advice of the attorneys who had filed the lawsuit in the 1st Circuit. The Obama Administration's brief opposing review argued that the 1st Circuit case was correctly decided, in a perfunctory way, but emphasized that the other pending case would provide a better venue for considering the policy.


June 10, 2009 | Permalink


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