I haven’t given Major Margaret Witt’s trial the attention it deserved over the past week and a half. The trial wrapped up yesterday — and a decision is expected on Friday. The decision in Witt’s case in the Ninth Circuit redefined the standard for discharge under DADT. In short, the new standard is not whether the servicemember is gay, it’s now whether the gay person’s discharge had an impact on military readiness. The burden is on the government to prove a gay person’s presence impacted the unit. The judge will decide if the government has met its burden:
A lawyer for a decorated flight nurse discharged for being gay urged a federal judge Tuesday to reinstate her to the Air Force Reserve, and the judge indicated he might have no other choice.
U.S. District Judge Ronald B. Leighton said he would issue a ruling Friday in the closely watched case of former Maj. Margaret Witt. As her trial closed, he expressed strong doubts about government arguments seeking to have her dismissal upheld.
This will give the DOJ another opportunity to appeal a DADT lawsuit — and, if they lose, you know they will.