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My thoughts: Practically: Not so important. There are very few retiree cases. Symbolically: Hugely important. Larrabee shows that the talismanic invocation of "good order and discipline," absent a rational underpinning, is insufficient to decide the limits of military jurisdiction--even if Congress is the institution invoking it. The judiciary's response: "Please!" We will be sure to watch the inevitable appeal and keep readers updated on its status. Brenner FissellEIC
2 Comments
Lone Bear
11/23/2020 11:54:56 pm
“Good order and discipline” are a sort of jedi mind trick. If you really had to show GOAD, most 134 convictions would be out the window. I love it when courts call BS to mindless arguments. I thought it was a well reasoned and astute opinion. Would lime to see the reasoning expanded to strike down the extramarital conduct provision. 11/25/2020 11:11:49 am
https://media.defense.gov/2019/May/14/2002131753/-1/-1/0/MRS_STATRPT_2018%20V5.PDF Your comment will be posted after it is approved.
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