United States v. New

INDEX

I Overview 115

II The Political-Question Doctrine Resolves All Claims But One 116

III General View of the Case 116

IV General View of the Law 117

V Tidal 118

VI Lawfulness of Order As Element 120

VII Lawfulness of Order is Not an Interlocutory • Question of Law ' 122

VIII Error under Gaudin 123

*115IX Harmless Error under Neder 126

X Conclusion 128

I

Overview

Thousands of military orders are given each day in our armed forces as they have been given throughout the history of our great country. Article 92(2), Uniform Code of Military Justice, 10 USC § 892, legislatively reflects the traditional…