Military Law

Trump declares national emergency, will tap these funds for border wall

Updated: President Donald Trump declared a national emergency on Friday to enable him to tap funds to build a border wall.

Feb 15, 2019 11:28 AM CST

Defense Department engaged in illegal discrimination against some soldiers, district court finds

A Seattle federal district court ruled Thursday that the federal government illegally discriminated against naturalized U.S. citizens in the U.S. Army by requiring security checks on them every two years, without individualized suspicion.

Feb 1, 2019 4:55 PM CST

Breed-neutral pet policies are needed for families in military housing, ABA House of Delegates says

After a spirited debate, the ABA House of Delegates on Monday voted to ask Congress and the Department of Defense to instruct the Armed Forces and its public-private venture housing contractors to implement breed-neutral pet policies for families living in military housing in the United States.

Jan 28, 2019 10:00 PM CST

In 5-4 vote, Supreme Court allows restrictions on transgender troops to take effect

Updated: The U.S. Supreme Court on Tuesday allowed President Donald Trump’s restrictions on military service by transgender people to go into effect.

Jan 22, 2019 9:38 AM CST

Trump considers using disaster aid for border wall; who will sue?

Lawsuits are being threatened as President Donald Trump reportedly considers using money for disaster aid or military construction projects to build his border wall without congressional approval.

Jan 11, 2019 9:24 AM CST

Can Trump use emergency powers to build a border wall? These statutes might apply

President Donald Trump could rely on the National Emergencies Act of 1976 to build a border wall without approval from Congress, but the move would likely face challenges in court.

Jan 8, 2019 4:08 PM CST

Second judge in a row leaves USS Cole case to join immigration court

This fall, the former judge in a high-profile Guantanamo terrorism case caused controversy by leaving the military in order to become an immigration judge. Another judge was appointed to replace him. Now, the replacement judge is also leaving to become an immigration judge, the Miami Herald reported Monday.

Jan 8, 2019 10:21 AM CST

Differing with other courts, DC Circuit refuses to block limits on transgender people in military

A federal appeals court has dissolved an injunction that had blocked President Donald Trump’s limits on transgender people serving in the military.

Jan 4, 2019 2:30 PM CST

Developments in Guantanamo detainee’s case point to an uncertain future

Substantial developments in the Guantanamo military commission case against Abd al-Rahim al-Nashiri have complicated an already complex and unusual situation. The ABA Journal featured al-Nashiri’s case in its November cover story, in part because of the ethics claims that caused three civilian defense lawyers—most of al-Nashiri’s defense team—to quit the…

Dec 21, 2018 1:55 PM CST

JAG Corps captain’s journey took him from Bushido to the bar

Shane Blank’s law career was influenced by Bushido: The Soul of Japan, a book written by Inazo Nitobe in 1899. The samurai code inspired Blank to embrace adversity, join the the U.S. Air Force JAG Corps and discover in law the ways of the warrior.

Dec 1, 2018 2:15 AM CST

Veterans may sue over discharges they say were result of untreated mental health problems

A Connecticut federal judge on Thursday certified a proposed class action from tens of thousands of Navy and Marine Corps veterans who say they were discharged for reasons related to their service-connected mental health problems—and then couldn’t seek treatment at the VA because their discharges were other than honorable. The…

Nov 19, 2018 10:48 AM CST

Veterans Day and the role of volunteer lawyers

As we come together on Veterans Day to honor the sacrifices of our fellow Americans in their military service, we must not forget the many challenges that continue after their separation from active-duty service.

Nov 8, 2018 9:00 AM CST

Legal ethics questions and accusations of spying on the defense have stymied a Guantanamo terrorism trial

Abd al-Rahim Hussein Muhammad al-Nashiri’s civilian defense team quit. They found a microphone in the room where they met with their client, who is charged in the bombing of the USS Cole. The government says that microphone was never turned on, but thanks in part to a history of spying on defense lawyers at Guantanamo, lawyers didn’t trust those reassurances.

Nov 1, 2018 12:10 AM CDT

Is controversial Guantanamo judge now an immigration judge? Defense asks to throw out his rulings

A retiring military judge whose handling of a Guantanamo military trial raised eyebrows appears to have been hired as an immigration judge, the Miami Herald reported last Friday.

Sep 18, 2018 2:05 PM CDT

Military spouse denied waiver for bar admission gets another chance to make her case

The Georgia Supreme Court has vacated a decision that denied bar admission to a lawyer seeking to practice in the state under a waiver program for military spouses. The court sent the case back to Georgia’s Board of Bar Examiners, directing it to clearly apply the state’s military waiver policy…

Sep 10, 2018 1:16 PM CDT