Jason Mazzone wonders if the Obama administration will appeal the DADT ruling:
The November elections are 53 days away. Under Rule 4 of the Federal Rules of Appellate Procedure, the government has 60 days after the entry of final judgment to file a notice of appeal. The Administration can wait until after the elections to decide whether or not to appeal. It can take the position now that government lawyers are reviewing options. The Administration can then see where things stand after the November elections. If Republicans make significant gains in Congress (thereby making repeal of DADT less likely), the Administration can decline to appeal, thereby leaving Judge Phillips's ruling in place, with the hope that the failure to appeal won't get much political traction in 2012.
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