Congress, not the courts, say who has authority to court-martial servicemembers
Curry v. Secretary of the Army did not say that commanders must retain the authority to prosecute servicemembers. Instead, Curry says that Congress has the power under the rules clause of the Constitution to decide who prosecutes courts martial, not the courts. Thus, the Curry court leaves it to Congress in a well-recognized act of judicial deference. If, as proposed, the Senate bill removes the commander from making prosecution decisions, the federal courts will defer to Congress with challenges to that structural change. More troubling is the misapplication of the Supreme Court’s Solor...
Source: thehill.com
