Jurisdiction over retirees

Global Military Justice Reform contributor (and University of Texas law professor) Steve Vladeck has written this Lawfare post on court-martial jurisdiction over military retirees.  Excerpt:

Neither the lower courts, nor the solicitor general in his brief in opposition, have offered any rationale for why retirees should be subject to court-martial for nonmilitary offenses in their civilian lives when reservists are not. Nor is there any reason to believe that the Larrabee case is an outlier. The Department of the Navy alone has court-martialed eight retirees in the past five years, and there have been high-profile examples of comparable claims in the other branches, as well.

The constitutionality of the asserted jurisdiction is the subject of a pending certiorari petition. (Full disclosure: the Editor is one of Prof. Vladeck's co-counsel on the Larrabee cert petition.)