Tuesday, November 28, 2017

Equal Justice for Our Military Act of 2017

Rep. Susan Davis (D-CA) continues to press for equal access to the Supreme Court for court-martial defendants. Here is a link to the 2017 version of her proposed Equal Justice for Our Military Act of 2017, H.R. 2783.

She's right.

Part I of the Report of the Military Justice Review Group (2015) discussed the current limit on access to the Supreme Court at pp. 627-29. It usefully observes (at 628): "Since enactment of the Military Justice Act of 1983, the number of petitions for certiorari filed in the Supreme Court seeking review of courts-martial has turned out to be lower than expected. Even in those cases eligible for Supreme Court review, petitions to the Supreme Court have been filed in only a fraction of the cases." (Footnote omitted.)

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