Michael Doyle of McClatchy Newspapers has written another article about the military justice system: this one about limitations on the Supreme Court’s certiorari jurisdiction over military justice cases.
The article focuses on the quixotic pro se cert petition of Master Sergeant John E. Hatley — the military justice system’s would-be Clarence Earl Gideon — challenging the unique limitation on access to SCOTUS that applies to those convicted by courts-martial.
The article quotes CAAFlog contributor Gene Fidell to good effect:
“For Pete’s sake, to not even be able to ask the Supreme Court for review!” Eugene R. Fidell, who teaches military law at Yale Law School, exclaimed in an interview. “This is unfortunate and wrong-minded.”
But Professor Fidell concluded that SCOTUS won’t attempt to alter the statutes that limit its jurisdiction over military justice cases: “It’s a compelling argument that is not going to get anywhere except in Congress.” He called Hatley’s cert petition “dead on arrival.”