DOJ Will Appeal DADT Reinstatement Of USAF Major Margaret Witt

The Department of Justice has filed a brief announcing their intent to appeal the reinstatement of Major Margaret Witt, whose DADT-related discharge was overturned by a federal court in September. Chris Geidner reports at Metro Weekly:

With today's filing, DOJ stated in a docketing statement required to be filed with the Notice of Appeal that the principal issue to be raised on appeal is: "Whether plaintiff's discharge pursuant to 10 U.S.C 654 and its implementing regulations was constitutional and whether plaintiff should have been ordered reinstated to the military, subject to meeting applicable requirements respecting qualifications for continued service."

Geidner adds that White House press secretary Robert Gibbs took note of today's action by the DOJ and cautioned, "This filing in no way diminishes the President’s -- and his Administration’s -- firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy."