This is the Log Cabin case, and their lawyers are correct:

Contrary to the impression left by political fanfare surrounding repeal in December, “Don’t Ask, Don’t Tell has not been repealed and will likely remain the law of the land until the end of 2011,” Woods said.

If the 9th Circuit adheres to an expedited schedule of legal proceedings and briefings set last year in the case, Woods said it was possible the court challenge might prevail before the Pentagon can put new regulations into effect.

Moreover, he said continuing court action is necessary in light of moves threatened by Republican lawmakers to “repeal the repeal” of the gay ban.