Able v. United States
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Able v. United States, 88 F.3d 1280 (2nd Cir. 1996) ("Able I"), 155 F.3d 628 (2nd Cir. 1998) ("Able II"), is a case from the United States Court of Appeals for the Second Circuit that upheld the Don't ask, don't tell (10 USC 654) law against various constitutional challenges. Both Able I and Able II overruled district court decisions striking down "Don't ask, don't tell" as unconstitutional.
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Able v. United States | |
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Court | United States Court of Appeals for the Second Circuit |
Full case name | Lieutenant Colonel Jane Able, et al. v. United States of America, et al.' |
Argued | April 2, 1998 |
Decided | September 23, 1998 |
Citation(s) | 155 F.3d 628 |
Case history | |
Prior history | Preliminary injunction granted, 847 F. Supp. 1038 (E.D.N.Y. 1994); motion to dismiss denied, 863 F. Supp. 112 (E.D.N.Y. 1994); motion to certify interlocutory appeal denied, 870 F. Supp. 468 (E.D.N.Y. 1994); remanded, 44 F.3d 128 (2d Cir. 1995); permanent injunction entered following bench trial, 880 F. Supp. 968 (E.D.N.Y. 1995); reversed and remanded, 88 F.3d 1280 (2nd Cir. 1996); permanent injunction entered, 968 F. Supp. 850 (E.D.N.Y. 1997). |
Court membership | |
Judge(s) sitting | Wilfred Feinberg, John M. Walker Jr., Pierre N. Leval |
Case opinions | |
Majority | Walker, joined by unanimous |
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