Mychelle Davis v. John O. Marsh, Secretary of the Army

KOZINSKI, Circuit Judge:

The military justice system is independent of the federal court system, with its own source in the constitution, its own rules of procedure and its own doctrines of substantive law. When individuals punished by courts-martial seek redress in the federal courts, the military justice system is thus often analogized to state court systems. See, e.g., Noyd, v. Bond, 395 U.S. 683, 693-94, 89 S.Ct. 1876, 1882-83, 23 L.Ed.2d 631 (1969); Gusik v. Schilder, 340 U.S. 128, 131-32, 71 S.Ct. 149, 151-52, 95 L.Ed. 146 (1950). In this case, we consider whether to continue the…