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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