Fissell on Larrabee

11/23/2020

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 Fissell

EIC

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.

Philip D. Cave link

11/25/2020 11:11:49 am

https://media.defense.gov/2019/May/14/2002131753/-1/-1/0/MRS_STATRPT_2018%20V5.PDF

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Fissell on Larrabee

Brenner Fissell

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