The Supreme Court has refused to stop enforcement of the “Don’t Ask, Don’t Tell” law barring openly gay men and women from the armed forces. On Friday, the Court declined to intervene while a lower court considers a challenge that the ban is unconstitutional. Justice Elena Kagan also recused herself from the case, raising the likelihood of a four-to-four tie should the Court ever take it up. Kagan has previously criticized the ban and helped formulate the Obama administration’s response to it during her stint as Solicitor General.