Zach has previously written on McMurrin v. United States and the merits of the petition.

For the appellate literati there is an interesting issue lurking in McMurrin which is not clearly addressed in his petition, but which may be addressed by the Solicitor General – that is the question of the court’s jurisdiction to entertain the petition.

NIMJ has the permission of the parties to submit an amicus petition.  A copy of the amicus brief is here.

You will see that we (disclosure, I am a director of NIMJ), raise the jurisdiction question, and seek to answer it.

As you will know, servicemembers have more limited access to the Supreme Court than a civilian appellant and “terrorists” housed at Guantanamo Bay, Cuba.  The inequality has been discussed off and on, and there have been attempts within Congress to give equal access.  See e.g. here, here, here, here, and here for some of the discussion.

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