Argued on November 20, 2019.
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• NMCCA opinion (withdrawn)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
Note: Audio post-processed for this podcast with a dynamic normalizer filter.