I. Does Article 2 of the Uniform Code of Military Justice violate Appellant’s right to Equal Protection by subjecting him to court-martial as a member of the Fleet Reserve, if retired members of a reserve component are not subject to court-martial, except when receiving hospitalization from an armed force?

II. Are members of the Fleet Reserve “similarly situated” for Equal Protection purposes with retired members of a regular component and retired members of a reserve component?

III. What is the appropriate standard of review for this Court to apply to Article 2 in deciding an Equal Protection challenge?

• NMCCA opinion (withdrawn)

• Blog post: The NMCCA torpedoes Article 2

• Blog post: The fundamental flaw in the NMCCA’s decision in Begani

• Blog post: NMCCA withdraws opinion, grants reconsideration