Democrat presidents apparently love to overstep their limited authority to advance the cause of swishy men in uniform.
“DADT” - x42 encourages homosexual soldiers to break federal regulations and policies and criminal UCMJ statutes (and to be dishonest and deceitful in the process). He also orders commanders to turn a blind eye to it.
IDOMA (”Ignore DOMA”) - 0bama orders commanders and soldiers to break the federal DOMA statute.
If the court holds that the military oath is superior in all cases, even if someone cannot be ordered to violate Federal law, then that's leverage to make it impossible to refuse to allow Moozlims to enlist no matter what the nature of the threat we face. The argument would be that their military oath was superior to their Moozlim faith commandments
If it that argument fails and freedom of religion is held to be superior to the military oath, then any serving Moozlim soldiers can cause all sorts of trouble over not getting to pray five times a day, what meals are served, separate quarters away from infidels and queers, etc, and so on into eternity rendering entire units combat ineffective whenever they chose to begin such antics.
When you hand control to a gang of thugs who think that keeping someone in court is every bit as good as winning in court, you're are asking for trouble. Particularly when the head thug thinks he's the smartest guy on earth and is well versed in the art of using disruption.
JMHO
Now, having voiced that opinion I'll think about whether that sort of case makes any sense or not.
Regards