The Obama administration will “likely” appeal a federal appeals court ruling that ordered the Pentagon to halt enforcement of “Don't Ask, Don't Tell,” gay weekly The Washington Blade reported.

Lawmakers last December agreed to repeal the 1993 law that bans gay and bisexual troops from serving openly. But the policy remains in effect until sixty days after top Pentagon leaders and President Barack Obama certify that the military is ready for the change. Before retiring on June 30, former Defense Secretary Robert Gates said he was prepared to sign the certification, but left the task to his successor, Leon Panetta.

Last week, a three-judge panel of the 9th U.S. Circuit of Appeals in San Francisco reversed its own ruling that kept the policy in place after U.S. District Judge Virginia A. Phillips ruled last September that the Pentagon's policy is unconstitutional.

The military has agreed to abide by the order.

On Monday, the appeals court gave the Obama administration 10 days to decide whether to appeal its ruling to the Supreme Court.

“DOJ is likely going to SCOTUS to appeal the injunction again,” an unnamed source told the paper. “We don't know when, but that's the sense we're getting.”