Witt Trial Ends, Decision to be Announced on Friday

"A lawyer for a decorated flight nurse discharged for being gay urged
a federal judge Tuesday to reinstate her to the Air Force Reserve,
and the judge indicated he might have no other choice.

U.S. District Judge Ronald B. Leighton in Tacoma did not immediately
issue a ruling in the case of former Maj. Margaret Witt. But as the
trial closed he expressed strong doubts about arguments made by
government lawyers seeking to have Witt's dismissal upheld.

The judge suggested that his hands were tied by a 2008 appeals court
ruling in the case, which said that the military can't fire people
for being gay unless it shows that their dismissal was necessary to
further military goals.

Senate Republicans on Tuesday blocked legislation to repeal the 1993
"don't ask, don't tell" law on gays serving in the military.

Leighton said he would issue his ruling Friday afternoon."


Seattle Times

This will be interesting to watch. Can the government appeal the decision, given that it has already been sent back down from the Ninth Circuit to the District Court? Will the government appeal? It's hard to imagine a stay being allowed even if they do appeal, because the government's probability of success has to be incredibly low given that the Ninth Circuit has already ruled against them as a general principle (the original Witt trial), and this is just an instance of that general rule.