Kolomick v. New York Air National Guard

The issue at the heart of the plaintiffs case is whether he has the qualifications to serve as a full time medical pararescue technician in the New York Air National Guard. I agree with the Supreme Court that civilian courts do not have subject matter jurisdiction over controversies arising from such military personnel decisions. I therefore concur with my colleagues’ decision to affirm, but on a different ground.

Management of the State militia is the province of the Governor and the Legislature (see, NY Const, art XII, § 1; Military Law § 3), subject, of course, to Congress’s authority over…