Because of a 1983 law, the Supreme Court cannot review most court-martial convictions, even in cases in which the defendant faces up to life in prison and has serious constitutional objections to his trial or sentence. In a New York Times op-ed, law professors Eugene Fidell of Yale and Stephen Vladeck of the University of Texas call on Congress to “close that gap and stop treating those who volunteer to serve this country like second-class citizens.”
Their commentary traces the legislative and policy history under the Uniform Code of Military Justice’s framework for appellate review and limits Congress placed on the high court’s jurisdiction, arguing that the way cases have played out forms an argument for a legislative fix to an “obviously unfair” system.