Ninth Circuit Dismisses Log Cabin Republican v. United States

In a disappointing development a three judge panel of the U.S. Court of Appeals for the 9th Circuit dismissed the case of Log Cabin Republicans v. United States as moot and vacated all of the rulings in the case, including Judge Phillips' find that DADT was unconstitutional. In truth, the case is anything but moot as 14,000+ servicemembers were wrongfully discharged and many receive reduced retirements and/or were charged for their training costs - all because of an unconstitutional religious based law. The case needs to proceed with a binding finding of unconstitutionality. It is most unfortunate that the three judge panel clearly put politics ahead of justice. Hopefully, the LCR's will seek an en banc review of the three judge panel's ruling and have the case put back on the active docket. Obviously, the U.S. military doesn't want to have to pay for past unconstitutional discharges. Here are highlights from MetroWeekly:

The U.S. Court of Appeals for the Ninth Circuit today dismissed the Log Cabin Republicans v. United States appeal as moot, following the end of the "Don't Ask, Don't Tell" law on Sept. 20. Further, the appeals court vacated the historic trial court decision striking down DADT as unconstitutional, holding, "Those now-void legal rulings and factual findings have no precedential, preclusive, or binding effect."

LCR's lead attorney, White & Case partner Dan Woods, said the group would not be giving up its fight, saying in a statement issued by LCR, "This is an important issue for all Americans and we anticipate seeking re-hearing before the full Ninth Circuit."

The Ninth Circuit panel -- made up of circuit judges Arthur L. Alarcon, Diarmuid F. O’Scannlain, and Barry G. Silverman -- issued the decision per curiam, meaning the decision was issued for the court and not in the name of any particular judge.

Once the court decided to dismiss the case because of the repeal of 10 U.S.C. 654 -- the DADT statute -- the decision did not address the underlying issue at trial of the constitutionality of DADT.

In the LCR statement, R. Clarke Cooper, the group's executive director, said, "The ruling in Log Cabin Republicans v. United States is the reason why Congress finally acted to end this failed and unconstitutional policy. This decision by the Ninth Circuit denies more than 14,000 discharged gay and lesbian servicemembers an important means of obtaining justice for the wrong perpetuated against them under the ban, and leaves open the possibility of future violations of servicemembers' rights.

Once again - at least so far - the court system has thwarted justice. Unfortunately, it is something that happens every day under our legal system.