 As the Obama administration chose not to appeal "Witt" to the Supreme Court, it is binding precedent on the Ninth Circuit and it has been cited as such in "Log Cabin Republicans v. United States" ("LCR"), another case challenging the constitutionality of DADT.The District court in "LCR" applied the three-pronged test in ruling DADT unconstitutional.The administration appealed this decision to the Ninth Circuit.