The Supreme Court and Military Control of Civil Offices

On Monday, as part of its annual “Long Conference,” the Supreme Court will consider three petitions (in each of which I’m counsel of record) raising the question I wrote about back in February : whether an important but little-known 1870 statute that prohibits active-duty military officers from holding most “civil offices” in the federal government applies to the Article I Court of Military Commission Review (CMCR), the intermediate appeals court that sits between the Guantánamo military commissions and the D.C. Circuit.

Source: The Supreme Court and Military Control of Civil Offices

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