The Ninth Circuit Court of Appeals today released an opinion in WITT v. DEPARTMENT OF AIR FORCE, No. 06-35644, an appeal in a civil action against the United States. The panel consisted of William C. Canby, Senior Circuit Judge, Susan P. Graber, and Ronald M. Gould, Circuit Judges.

GOULD, Circuit Judge:
Plaintiff-Appellant Major Margaret Witt (”Major Witt”) sued the Air Force, the Secretary of Defense, the Secretary of the Air Force, and her Air Force commander (”the Air Force”) after she was suspended from duty as an Air Force reservist nurse on account of her sexual relationship with a civilian woman. Major Witt alleges that 10 U.S.C. § 654, commonly known as the “Don’t Ask, Don’t Tell” policy (”DADT”), violates substantive due process, the Equal Protection Clause, and procedural due process. She seeks to . . .

CANBY, Circuit Judge, concurring in part and dissenting in part:
The majority has written an opinion that is very praiseworthy as far as it goes. I concur in Parts I and II. I also concur in the first portion of Part III, to the end of subdivision (1). . . .

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