I agree with the career over part.
My memory says that every other attempt to get at the COLB issue met its Waterloo on the field of “Standing.”
Does the military oath requirement rise to the level of “standing?”
“Does the military oath requirement rise to the level of “standing?””
My quick opinion is no. I believe the courts have reasoned that because the various plaintiffs didn’t sue prior to Obama’s nomination, they have waived any right they might have to raise the ART. II Sec. 1 issue and thus have no standing. The military oath wouldn’t change that.
I meant to add, I wonder if in any event the courts should intrude into the command structure and process in the military as a matter of policy? Should a service member be able to go into court for extraordinary relief in the form of an injunction against the enforcement of an order? What about going in simply for relief like a declaratory judgment on the validity of any random order? I hope the answer is no.