CAAF has decided the “Soybel” issue against the Gov., which affects Janssen and approximately 32 trailers.

United States v. Janssen,

We hold that the Government failed to establish that the judge was properly appointed under United States v. Janssen, the Appointments Clause of the Constitution of the United States. U.S. Const. art. II, § 2, cl. 2.

13 Responses to “CAAF decides Janssen”

  1. Tami says:

    This has NOT been a good week for the Air Force Government Appellate Division or AF TJAG!

  2. AF JAG says:

    Guess it is a banner week for the Coast Guard though . . . turns out the Secretary of Transportation is more powerful than the Secretary of Defense, who knew?!
     

  3. Mike says:

    As Homer Simpson often says  “DOH!”

  4. Phil Cave says:

    Well, who knew — the Congress and the Supreme Court in Ryder and Edmond.  :-)
    The Congress because they gave the power, and the Supremes because they said that’s what Congress did.

  5. ArmyTC says:

    If anyone here seriously believed this case would go any other way, please call me. I have a bridge in Brooklyn I’d like to talk to you about.

  6. ArmyTC says:

    By the way, the into to this opinion is quite dramatic. I love it!

  7. Bill Cassara says:

    5-0.  That’s the pain that lingers.  Sad this is this was so easily avoidable by recalling him to active duty. 

  8. Christopher Mathews says:

    I trust the fact that Judge Stucky authored the decision is not lost on the government.

  9. Monty says:

    Just for pure comedy I think each service’s BCMR should take a crack at this case – I’d be interested in how many creative, fallacious ways they come to the G’s rescue. 

  10. Zeke says:

    @ AF JAG - 

    Guess it is a banner week for the Coast Guard though . . . turns out the Secretary of Transportation is more powerful than the Secretary of Defense, who knew?!

    The Coast Guard hasn’t been part of the Department of Transportation for over a decade now; ever since DHS was stood up in the aftermath of 9/11 during the Bush Administration.

  11. AF JAG says:

    @ Zeke,
     
    Do you seriously think I didn’t know that?  COME ON.  I cited to the “Secretary of Transportation” because that is who appointed the civilian judge to the Coast Guard Court of Criminal Appeals in Edmond.  Rest assured, I KNOW that the Coast Guard falls under DHS.  When the Supreme Court decided Edmond, the Coast Guard was still under the Secretary of Transportation.  The Supreme Court was NOT interpreting the (then non-existent) DHS Secretary’s appointment powers in Edmond, they were interpreting the Secretary of Transportation’s–that’s why I referred to it in my post.
     
    Just so we’re clear, allow to me pre-empt some other helpful insights you may have that you’re afraid I haven’t yet mastered:   I also know that today is Friday, water is wet, and fire is hot.
     
    Next time you feel like doing some “sharp-shooting” you might want to try reading the underlying opinions.  SHEESH.

  12. Zeke says:

    The gentleman doth protest too much, methinks.

  13. DCGoneGalt says:

    I think Zeke and AF JAG are the same person with a severe case of multiple personality disorder.