Ted Olson says: "It would be appropriate for them to say 'the law has been deemed unconstitutional, we are not going to seek further review of that.'"

I agree.

"It happens every once in awhile at the federal level when the solicitor general, on behalf of the U.S., will confess error or decline to defend a law," said former George W. Bush administration solicitor general Ted Olson, who is leading the legal challenge of California's ban on same-sex marriage. Gov. Arnold Schwarzenegger and the state attorney general have both declined to defend the law in court.

"I don't know what is going through the [Obama] administration's thought process on 'don't ask, don't tell'...."

He doesn't know, but I bet he has some ideas. He's too dignified to tell. But I think we know.