"Typically, the Justice Department must defend a law when its constitutionality is challenged in court. In this case, however, the Administration has already mounted its defense -- and failed. It's under no obligation to continue to fight in court. This is particularly true because the 2003 decision in Lawrence v. Texas striking down state sodomy laws renders 'don't ask, don't tell' unconstitutional, which was not the case when Congress first enacted the law."
--Palm Center's Aaron Belkin