Log Cabin Republicans v. United States

I fully concur in the court’s opinion. The repeal of Don’t Ask, Don’t Tell has *1169mooted this case, and our opinion properly vacates the district court’s judgment, injunction, rulings, and findings.

I write separately because our inability to reach the merits may leave uncertainty about the role Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003), may have in substantive due process challenges. Although Congress spared us the need to reach the merits in this case, other such challenges will come to the courts. Because “guideposts for responsible decisionmaking” on matters of…