Saturday, October 11, 2008

Congressional Research Service issues report on SCOTUS jurisdiction over CAAF cases

A Congressional Research Service report called, "Supreme Court Appellate Jurisdiction Over Military Court Cases," issued on 6 October, is available here.

(h/t: NBM3)


Gene Fidell said...

The parenthetical summary of Weiss in n.31 is wrong.

OyezOyez said...

Nor is Marcum the right case for the author to illustrate that some Supreme Court precedent may be wholly inapplicable at CAAF, as she asserts at p. 5.

This case does not say that Lawrence is inapplicable in the military context, but rather that Marcum's conduct fell outside of the Lawrence-zone of protected liberty interests. In fact, CAAF gave Lawrence a more generous reading -- asserting that it applied mid-level scrutiny requiring searching constitutional inquiry -- than some Article III Courts which have held that the Lawrence right is to be evaluated under rational basis review.

Maybe not the best research paper to hand over to the legislature.