H/T to Anon 2:45
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Tuesday, November 25, 2008
Golden CAAF Goes to the Solicitor General
Cert granted today in Denedo. See SCOTUSBlog coverage here and the orders list here. Our prior coverage is . . . well everywhere. But, some samplings are here, here, and here.
H/T to Anon 2:45
H/T to Anon 2:45
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13 comments:
Captain Renault: "I'm shocked, shocked to find that certiorari is going on in here!"
With apologies to Casablanca!
Hat tip to Anon at 2:45?
Perhaps I was a bit too vague in my post in the "This Week in Military Justice" thread, posted a whole 5 minutes before Anon.
Sorry Cloudesley, wasn't reading that thread.
No big deal, No Man. Nobody paid any attention to my "Let's go kill some pirates!" comment a while back either.
Court of Military Appeals was a better name for this place. If you read Goldsmith closely, Souter does not conflate "the federal courts" and "the CAAF." I think they are quite separate entities in the minds of The Nine and so CAAF's reliance on cases conferring powers to Article III courts (see Councilman) will be held inapplicable.
One can query whether the legislative intent was to install more sweeping civilian oversight of courts-martial through the CAAF, but I think even the "expansive" Justices on the Court would need more specific statutory authority to legitimate Denedo.
And I think Congress should give it. The idea was to establish meaningful civilian review from superior jurists, possibly bringing a level of reflection that may not take place at the lower levels, and it seems to me that confining their role so narrowly cuts against that purpose.
Who's the stooge in the picture?
Anonymous 0902:
Yeah, but the court got tired of being called COMA.
But, it was COMA that said, "this Court is the supreme court of the military judicial system." McPhail, 1 MJ 457, 462 (CMA 1976).
And it was the Supremes who said: "When after the Second World War, Congress became convinced of the need to assure direct civilian review over military justice, it deliberately chose to confide this power to a specialized Court of Military Appeals, so that disinterested civilian judges could gain over time a fully developed understanding of the distinctive problems and legal traditions of the Armed Forces." Noyd v. Bond, 395 U.S. 683, 694 (1969).
And, Petitioner "would have civilian courts intervene precipitately into military life without the guidance of the court to which Congress has confided primary responsibility for the supervision of military justice in this country and abroad." Id., at 695.
Ahhhh, for the "good old days..."
0857, that's no stooge, that's the Kabul Klipper! :-)
The Kabul Klipper a Stooge? I think not. With his rugged good looks, steely-eyed gaze, and enormous intellectual potential, I’d say he is the Zoolander of our times.
He looks like a stooge.
Should I bother to rent Zoolander or just go ahead and use as my fitrep input?
Stooge.
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