In the other case on DADT, former flight nurse Maj Margaret Witt, who was discharged under DADT, has claimed she can return to service while her case is appealed.  The DoJ is appealing the ruling in her favor, but did not request a stay on the ruling while it is appealed.  The ACLU has represented Witt.

The Air Force, for its part, said no request was made because they have had no indication Witt wanted to be reinstated, making a request for stay moot.  Should she begin an application, they would have a response, and might subsequently seek a stay.