The Ninth Circuit U.S. Court of Appeals has vacated a ruling finding “Don’t Ask, Don’t Tell” unconstitutional, concluding that the Sept. 20 repeal of the military’s ban on openly gay servicemembers rendered the case moot.
In Thursday’s ruling, the court sided with the Justice Department, whose lawyers argued in court on Sept. 1 to vacate a ruling last year that found “Don’t Ask, Don’t Tell” was unconstitutional under the due process provisions of the Fifth Amendment and the First Amendment.
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