Tuesday, November 2, 2021

Thank you for your service

The Senate will soon vote on the National Defense Authorization Act for Fiscal Year 2022, after which the two chambers will resolve their differences through a conference committee. Attention has understandably focused on the varying provisions related to the disposition of offenses.

Wouldn't it be a nice surprise if one of the countless Senators and Members of Congress who claim ("thank you for your service") to support the interests of military personnel were to demand that the measure also include a fix to the longstanding unfair limitation on GI access to the Supreme Court of the United States? The subject is most recently discussed in U.S. Army Captain Kyle Yoerg's Unequal Justice: Why Congress Should Expand the Supreme Court;'s Jurisdiction to Review the Courts-Martial System, 11 J. Nat'l Sec. L. & Pol'y 795 (2021), now out in hard copy. If this doesn't happen (it won't), one does wonder why the Biden administration doesn't take the initiative and proactively support this long overdue reform.

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