According to the Honolulu Star Bulletin:
Question: It has been almost three years since 1st Lt. Ehren Watada refused to join his Stryker Brigade Combat Team when it deployed to Iraq from Fort Lewis, Wash. What is his status?
Answer: The Army says it is still awaiting a decision from newly appointed U.S. Solicitor Elena Kagan, who was sworn in three weeks ago, as to whether it will appeal a federal judge’s decision rendered in October.
ASSOCIATED PRESS / JANUARY 2007, Watada stuck in Army as it decides whether to appeal – News – Starbulletin.com, http://www.starbulletin.com/news/20090412_Watada_stuck_in_Army_as_it_decides_whether_to_appeal.html (last visited Apr. 13, 2009).