So I'll be the first to admit that when I first heard about the verdict ruling DADT unconstitutional, I thought that Justice should abandon tradition and let it stand. Then last night on Rachel Maddow I heard a very good case for why they SHOULD appeal it, and I have to say...it convinced me.
Basically, the argument goes that by setting the precedent of allowing the lower court to over turn it without pro-forma appeal then it would encourage some right wing loon to shop around something they didn't like, such as health care reform, till they found a judge who would rule it unconstitutional when another Republican becomes president. Having the justice department move the case up to the supreme court for a definitive ruling will keep congress from reinstating the ban or something similar and will provide a deterent for future conserva-nuts. Now if, when they defend it, Justice doesn't just come out and say that they think its unconstitutional and that all they are doing is appealing pro-forma then I will be royally pissed.