United States v. Caldwell

RYAN, Judge, with whom STUCKY, Judge, joins

(dissenting):

It is the prerogative of Congress, not this Court, to enact laws governing the armed forces, including those that define criminal offenses. U.S. Const, art. I, § 8, cl. 14. In Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934, Congress criminalized “all disorders and neglects to the prejudice of good order and discipline in the armed forces” and “all conduct of a nature to bring discredit upon the armed forces.” A suicide attempt may constitute self-injury without intent to avoid service and is conduct punishable…