United States v. New
Court of Appeals for the Armed Forces
1Opinion of the Court
*97Chief Judge CRAWFORD
delivered the opinion of the Court.
INDEX
FACTS 97
DISCUSSION 98
I. Denial of a Challenge for Cause 98
II. Consideration of the Legality of an Order as a Question of Law 100
III. Legality of the Order 106
IV. Application of the Political Question Doctrine 108
Contrary to his pleas, appellant was convicted by a special court-martial consisting of officer and enlisted members of failure to obey an order to wear his U.S. Army uniform modified with United Nations (UN) accoutrements, in violation of Article 92(2), Uniform Code of Military Justice, 10 USC § 892(2). Appellant’s sentence…
2Cases cited35 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Neder v. United StatesSupreme Court of the United States · 1999
- Flast v. CohenSupreme Court of the United States · 1968
- Yakus v. United StatesSupreme Court of the United States · 1944
- United States v. GaudinSupreme Court of the United States · 1995
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3Cited by40 opinions
- United States v. WashingtonCourt of Appeals for the Armed Forces · 2002
- U.S. ex rel New, M. v. Rumsfeld, Donald H.Court of Appeals for the D.C. Circuit · 2006
- United States v. MackCourt of Appeals for the Armed Forces · 2007
- United States v. MooreCourt of Appeals for the Armed Forces · 2003
- United States v. WiesenCourt of Appeals for the Armed Forces · 2002
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