Tuesday, August 2, 2022

D.C. Circuit decides Larrabee

A divided panel of the U.S. Court of Appeals for the District of Columbia Circuit today decided Larrabee v. Del Toro. The case concerns whether military retirees can constitutionally be tried by court-martial. The opinion of the court was written by Judge Neomi Rao. Judge Justin R. Walker concurred except with respect to Part III of the decision, concerning deference to Congress. Judge David S. Tatel concurred in part and dissented in part.

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