Congress + President > federal courts.
A Joint Resolution signed by the President should do it.The 2010 Defense of U.S. Military Integrity ActSection I
The federal courts shall have no authority or jurisdiction to hear or issue rulings on matters pertaining
(A) to the U.S. military policy known as 'don't ask, don't tell' (i.e. DADT); or
(B) to homosexual conduct in the U.S. military generally and all disciplinary action resulting therefrom.Section II
All actions, decisions, orders, or rulings issued by the federal courts prior to the passage of this Act that qualify under Section (I)(A) or (I)(B) are hereby abrogated and of no force or effect.Section III
Congress shall have the power to amend, clarify, extend, or qualify this Act through legislation.
Judge orders military to stop enforcing 'don't ask, don't tell'
By Adam Levine, CNN
October 12, 2010 5:15 p.m. EDT
(CNN) -- A federal judge on Tuesday ordered the U.S. military to stop enforcing the "don't ask, don't tell" policy, effectively ending the ban on openly gay troops.
U.S. District Judge Virginia Phillips' permanent injunction orders the military "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under the "don't ask, don't tell" policy.
The judge, a Clinton appointee based in the Central District of California, previously ruled that the policy regarding gays serving in the military violated service members' Fifth Amendment rights to due process and freedom of speech, but had delayed issuing the injunction.*** MORE HERE ***