That is complex for my oogabooga mental faculties, I sort of theoretically get it.
Did you read the Wictor thread and Newsweak article? I’d copy the NW article but it’s pretty long, I’d like smart peoples’ views on it. Interestingly the article includes a photo of Gorsuch and Kavanaugh without any explanation of why. Kavanaugh of course answering that civilians could be subject to mil. tribunals under certain circumstances, not mentioned in article.