Hereis an opinion from US District Court Judge Anthony Trenga of the EDVA, Alexandria Division denying contractor employee Sean Brehm’s constitutional challenges to the Military Extra-Territorial Jurisdiction Act (MEJA). Brehm contended that:
[A]s applied to him, MEJA (1) violates the Due Process Clause of the Fifth Amendment because there are insufficient contacts between him and the Unites States to justify the United States’ exercise of jurisdiction; and (2) exceeds Congress’s enumerated legislative powers under Article I, Section 8 of the United States Constitution.
Here is DOJ’s Jan. 2011 press release about the charges. I was never particularly enamored of these arguments, so this isn’t a surprising ruling–particularly since Brehm was a U.S. Army contractor employee working in Afghanistan.