United States v. Campbell

Just as this Court has done numerous times in the past, the majority has recognized the impact of drug abuse “on the readiness of the armed forces to engage in combat.” 50 MJ at 158. However, it holds that the prosecution’s evidence as to testing by Northwest Toxicology Laboratory (NTL) is not sufficiently rehable “to eliminate the reasonable possibility of ... a false positive” for LSD. Id. at 161. Because I do not agree with the majority that the trial judge abused his discretion in his “gatekeeper” role under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 597, 113 S.Ct. 2786,…