However, the Obama administration wants Congress, and not the courts, to throw the law out. Perhaps this would allow them to put a big victory in their back pocket.
DADT was thrown out for a day when a three judge panel ordered an injunction on the order. The courts could still issue another stay, but right now the DADT policy is modified.
Only five people within the military can fire someone under the policy. The Army, Navy, and Air Force secretaries much speak with the Military's top attorney and the undersecretary of defense for personnel.
Below is a video update about Don't Ask Don't Tell.