If that is their plan, they are really flying on a wing and a prayer. They would first have to exhaust the courts of military appeals, something very unlikely to occur, and then have the case heard by the Supreme Court. The military appeals courts will rule on the facts in the case. Since the Obama question will never come up, those rulings will be pretty cut and dry, certainly not something that would warrant consideration by the Supreme Court. Where did these guys go to law school: The Panama Beach School of Law and Tatooing?
If that is their plan, they are really flying on a wing and a prayer. They would first have to exhaust the courts of military appeals, something very unlikely to occur, and then have the case heard by the Supreme Court. The military appeals courts will rule on the facts in the case. Since the Obama question will never come up, those rulings will be pretty cut and dry, certainly not something that would warrant consideration by the Supreme Court. Where did these guys go to law school: The Panama Beach School of Law and Tatooing?
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"exhaust the courts of military appeals", right. that's why I stated "would not be resolved in the military court(s)"
It's what they have alluded to in interviews. LTC Lakin has stated he is fully prepared (& expects) to loose his court martial.
Now, weather or not SCOTUS continues to evade the issue...that would be their only unknown.
As for his civilian lawyer, I don't think the Duke school of law has an extension at the Panama Beach School of Law and Tatooing.
LTC Lakin’s defense is handled by trial lawyer Paul Rolf Jensen, who has been representing clients for the better part of 20 years.With an educational background that includes Duke University Law School and the University of California, Berkeley (where he did his undergraduate work) Jensen is an accomplished and successful advocate, having tried dozens of jury cases.
He also has served in government, most notably as Senior Counsel of the United States Senate Committee on Environment and Public Works.
Jensen has also worked in senior positions for United States Senators Jeremiah Denton and Bob Smith. In 1990, Jensen worked in the chambers of the Chief Judge of the United States Court of Appeals for the Armed Forces as a law clerk to the late Chief Judge Robinson O. Everett.
The only way it will not "come up" is for the trial judge to deny it's admission. That in turn will generate an appeal to the next higher level court, although, IIRC such an appeal is automatic if the punishment involves an involuntary separation of an officer.