Military Law

676 ABA Journal Military Law articles.

DC Circuit says Guantanamo judge created ‘intolerable cloud of partiality’ and tosses his rulings

On Tuesday, a federal appeals court tossed every pretrial ruling issued in the last 3½ years by a Guantanamo judge in the case of an accused terrorist.

House sues to block Trump’s use of funds for border wall
The House of Representatives filed a lawsuit Friday contending that President Donald Trump usurped its legislative authority when he used an emergency declaration to appropriate funds for a border wall.
Congolese warlord convicted of war crimes with the help of ABA ROLI
Last month, after years of efforts, the warlord Marcel Habarugira Rangira, lieutenant colonel of the Congolese armed forces, was convicted of war crimes before a military tribunal in Goma, eastern Democratic Republic of the Congo. Mireille Kahatwa Amani was one of the chief attorneys from the American Bar Association Rule of Law Initiative who worked to convict him.
Inconsistent policies in military housing can lead to families losing their pets, ABA president tells Senate committee
ABA President Bob Carlson sent a letter to the Senate Armed Services Committee on Wednesday, urging members to expand their inquiry into the condition of the military housing privatization initiative to also consider policies that may prevent military families from bringing their pets—or even service or emotional support animals—when transferred between duty stations.
Parents obtain order to preserve sperm of cadet killed in skiing incident

The parents of a West Point, New York, cadet who died in a skiing incident have obtained an order for the preservation of his sperm.

A New York judge, John…

Male-only draft violates equal protection principles, federal judge rules

A federal judge in Houston has ruled that the male-only draft violates equal protection principles of the Fifth Amendment’s due process clause.

U.S. District Judge Gray Miller ruled Friday

Special veterans courts see little money, little demand
Eric Gonzalez says he doesn’t remember getting pulled over, nor does he remember evading his arrest in Fullerton, California. The only thing he knows is that he woke up very hungover and faced up to nine years in prison for assaulting a police officer, along with five other charges.
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.
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.
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.
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.
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.
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.
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.
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.

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