Don’t Ask, Don’t Tell Oral Arguments Set for September 1, 2011, before the US Court of Appeals for the Ninth Circuit

Who: Dan Woods, White & Case partner who is representing the Log Cabin Republicans in Log Cabin Republicans v. United States of America

What: Woods will present oral arguments in the Don’t Ask, Don’t Tell case before Circuit Judges Alarcon, O’Scannlain and Silverman

Where: 9th Circuit Court House, 125 South Grand Ave, Pasadena, CA 91105-1643 (626) 229-7250

When: Thursday, September 1, 2011, 9 am – 12 noon

Dan Woods, White & Case partner who is representing the Log Cabin Republicans, comments:

“It is mind-boggling that throughout this case, the Obama administration has said repeatedly that it favors open military service, yet it has fought us every step of the way and is now appealing the court’s judgment in our client’s favor. The federal government should be working with us, not against us. On top of that is the government’s claim that once repeal of Don’t Ask, Don’t Tell takes effect on September 20, the case becomes moot and the judgment should be vacated. The government is trying to remove the legal precedent established in our case so that anyone claiming  back pay, reinstatement or a change in discharge status because he or she was discharged under an unconstitutional law would be unable to take advantage of the precedent we set. In other words, our case should remain as a precedent because servicemembers discharged under DADT continue to suffer collateral consequences from their discharges even after repeal becomes effective.

It is particularly important that this case, and the principle established by this case, remains intact because there is a real threat that it could disappear. Several leading Republican presidential candidates have gone on record promising to ‘repeal the repeal.’ The military could also bypass Congress and enact new regulations, and a new Congress could re-enact DADT. “

Note – Dan Woods is available to comment today and Thursday following the oral arguments. To speak with him, please contact Francine Minadeo
at 646 885 2218 or [email protected].