Joseph De Filippis v. United States

This litigation demonstrates, in my opinion, the correctness of Justice Jackson’s observation that “judges are not given the task of running the Army.”1 By not heeding this admonition, and by virtue of a 1974 judicial decision which appears palpably incorrect in the light of Kelley v. Johnson, 425 U.S. 238, 96 S.Ct. 1440, 47 L.Ed.2d 408 (1976), which 1974 decision this court is leaving undisturbed despite Kelley v. Johnson, the United States Marine Corps, rather than legitimately exercising its discretion in controlling the appearance of its troops, maintaining discipline, and instilling into…