Thursday, October 9, 2014

Another suggestion for the Military Justice Review Group

Your editor has just submitted the following suggestion to the Department of Defense Office of General Counsel's Military Justice Review Group:
The Review Group may wish to focus on how best to correct the current discriminatory limitations on Supreme Court certiorari review of court-martial cases. The following would make sense:
1. Expand the Supreme Court's certiorari jurisdiction to permit review of all CAAF decisions.
2. If it is decided (I hope it isn't) that CAAF's petition jurisdiction should remain discretionary, Congress should--
(a) provide that if CAAF denies review, certiorari will run to the CCA (see 28 U.S.C. sec. 1257); and 
(b) make it clear (given the Solicitor General's incorrect contrary view) that certiorari will lie as to the entire case, not simply those issues CAAF grants.
3. If appeal to CAAF is made a matter of right (as it should be) in petition cases, the statutory language or legislative history could usefully encourage reliance on summary disposition.
Have you submitted any suggestions? Please use the Comments function on this blog to share them with Global Military Justice Reform readers.

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