United States v. Porter

I dissent.

With my brothers’ decision in this case, the wheel completes its revolution upon the question of authority to issue lawful general orders and regulations, and we return to the situation which existed prior to our decisions in United States v Tinker, 10 USCMA 292, 27 CMR 366; United States v Keeler, 10 USCMA 319, 27 CMR 393; and United States v Ochoa, 10 USCMA 602, 28 CMR 168. Thus, we compound the confusion already rampant in this area and leave the armed services to reconcile opinions which are now in hopeless conflict.

The accused was convicted of violation of a lawful general…