This may be completely wrong, but military justice in the United States seems to be at an inflection point. Consider the following:
- The topic of racial disparities in the administration of justice is front-and-center
- The Biden administration and Secretary of Defense Lloyd J. Austin III will need to focus for real on the unresolved issue of sexual assault and harassment in the armed forces
- Congress will return to the various approaches that have been floated concerning who should have power to make decisions about the disposition of major offenses -- and what constitutes a major offense, as opposed to a minor disciplinary matter
- Will the years-long decline in courts-martial and appeals continue?
- A search is on for a successor to Chief Judge Scott W. Stucky of the U.S. Court of Appeals for the Armed Forces
- The constitutionality of court-martial jurisdiction over military retirees is in the crosshairs at both the U.S. Court of Appeals for the Armed Forces (Begani) and the U.S. Court of Appeals for the District of Columbia Circuit (Larrabee)*
- The fallout of the January 6 insurrection for military accession and separation standards and procedures, social media usage, and the rules on participation in partisan political activities and extremism
This is a long list of institutional design and personnel policy issues to be on the screen in real time. Are there other bullets you would add? (Real names only, please.)
* Disclosure: The Editor is one of Mr. Larrabee's attorneys.