Brief of Professors of Law, US v. Bergdahl

Authors

Joshua E. Kastenberg, University of New Mexico - School of LawFollow
Rachel E. Vanlandingham, Southwestern Law School
Geoffrey S. Corn, South Texas College of Law

Document Type

Brief

Publication Date

12-11-2019

Abstract

When scrutinizing executive actions for unlawful command influence, this Court must account for a president’s immense power over the military. The extant judicial test for unlawful command influence – a violation of due process in the military setting – is a contextual one, and hence must consider the unique and unparalleled authority of the Commander-In-Chief over the military and individual service-members when the president’s actions are at issue. This executive power should also be evaluated in light of its myriad, and historically important, constitutional and statutory constraints – some predating the birth of the United States – that appropriately continue to shape U.S. military law.

Publisher

United States Court of Appeals for the Armed Forces

Volume

ARMY Docket Number 20170582

Issue

USCA Docket Number 19-0406/AR

First Page

1

Last Page

33

Recommended Citation

Joshua E. Kastenberg, Rachel E. Vanlandingham & Geoffrey S. Corn, Brief of Professors of Law, US v. Bergdahl, ARMY Docket Number 20170582 1 (2019).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/779