COMMANDERS IN THE BEDROOM:A CONSTITUTIONAL ANALYSIS OF THE MILITARY ANDSUBSTANTIVE DUE PROCESS

From this new article by Maj John S. Reid:

​"This Article will first provide a brief history of substantive due process related to consensual private relationships. It will then examine various contexts in which military members’ private lives are potentially regulated. In many of these contexts, it will be apparent that military jurisprudence has not caught up to recent Supreme Court precedent. This Article will then examine how two analogous privately held rights, the Fourth Amendment expectation of privacy and the First Amendment right to free speech, are treated by military law. Utilizing these two examples as possible vehicles for a new standard of review in the context of service members’ privacy, this Article proposes a new rule for military courts to adopt. Articulating such a standard is imperative for military justice practitioners and commanders to successfully navigate the substantive due process landscape."

Editor's note: I always thought Marcum was one of the most bizarre CAAF opinions ever written.