To be clear, Obama admin. filed its ‘Notice of Appeal’ in the DADT decision

The Department of Justice had 60 days to decide whether or not to appeal the decision in the Log Cabin Republican’s DADT case. Some politically savvy people hoped the Obama administration would use that time period as leverage with Congress. If Congress didn’t pass the Defense Authorization bill, then the Obama administration wouldn’t appeal. I wish it were true. But, let’s face it: the crew at the White House isn’t that savvy — and I’m sure we’d hear that it’s not their style.

Yesterday, shortly after the Obama administration requested a stay of the DADT decision, it also filed its notice of appeal with the Ninth Circuit. The DOJ isn’t waiting 60 days. Via Josh Gerstein:

The government filed a notice of appeal at about 4:40 PM Eastern Thursday, roughly 45 minutes after Justice Department lawyers filed their stay request and supporting documentation. For those who still harbor some doubt, here’s a copy of the formal notice of appeal.

The notice of appeal is not a notice you’re going to appeal, but actually initiates the appeal. The notice is filed with the district court and causes the docket and records in the case to be transmitted to the court of appeals, in this instance the U.S. Court of Appeals for the Ninth Circuit. Except in rare circumstances, you don’t file an appeal directly with the court of appeals.

This is also important:

One final note: sometimes the Justice Department does file what might be called a protective notice of appeal in order to meet a court deadline when deliberations about whether to pursue an appeal are continuing. But if you look at the detail of the government’s filings Thursday in the Log Cabin Republicans case, there’s no indication that’s what’s going on here.

Nope. DOJ is determined to appeal. The boss, meaning Gates, not Obama, must have insisted.

The failure of the Obama administration to actually work on the repeal of DADT guarantees that it will be an issue for the Obama campaign in 2011. Every indication is that the Obama crew cut a deal with Gates to delay a vote until after his report was completed. That was clever, huh? Yesterday, while DOJ was filing its notice of appeal, Barack Obama’s twitter feed stated:

Anybody who wants to serve in our armed forces and make sacrifices on our behalf should be able to. DADT will end & it will end on my watch.

Nice words, not matched by action. DADT may end on his watch — if the courts act. Don’t count on legislation.


On October 27, 2010, Joe was one of five bloggers who interviewed President Obama. Joe is a DC-based political consultant with over twenty-five years of experience at both the state and federal level. Joe has managed political operations and legislative efforts for both candidates and issues-based organizations. For seven years, he was the Director of State Legislation at Handgun Control, Inc. He served as that organization's first Political Director during the 2000 cycle. Joe is a graduate of the University of Maine School of Law. In addition, he has a Masters in Public Administration from Lehigh University and received his B.A. from the University of New Hampshire. Joe also has a fun dog, Petey, a worthy successor to Boomer, who got Joe through eight years of Bush and Cheney. Joe likes to think he is a world class athlete having finished the 2005 Chicago Marathon in the time of 4:10. He has completed six other marathons as well -- and is still determined to break the four hour mark.

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