Justice Kagan recuses herself from DADT case

By Nan Hunter -

In a thoroughly unsurprising decision, the Supreme Court today denied the application by Log Cabin Republicans to reinstate Judge Phillips' injunction blocking enforcing of the DADT policy. LCR lawyers sought to lift the stay granted by the Ninth Circuit, but the Court left it in place.

What was noteworthy is that Justice Kagan took no part in the deliberation or decision. There was no reason stated for the recusal, but it likely was based on Justice Kagan's participation as Solicitor General in other challenges to DADT. It means that if the repeal effort fails and the litigation continues, she will not participate if and when a DADT case reaches the Supreme Court.

With the policy remaining in effect, the LCR lawyers may well ask the Ninth Circuit to expedite the appeal, as has been ordered in the Prop 8 case before the same court.

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