Legal Opinion

United States v. New

Court of Appeals for the Armed Forces

Decided June 13, 2001No. 99-0640/ARPublishedCited by 40 opinions

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

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Neder v. United StatesSupreme Court of the United States · 1999
  3. Flast v. CohenSupreme Court of the United States · 1968
  4. Yakus v. United StatesSupreme Court of the United States · 1944
  5. United States v. GaudinSupreme Court of the United States · 1995

30 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. United States v. WashingtonCourt of Appeals for the Armed Forces · 2002
  2. U.S. ex rel New, M. v. Rumsfeld, Donald H.Court of Appeals for the D.C. Circuit · 2006
  3. United States v. MackCourt of Appeals for the Armed Forces · 2007
  4. United States v. MooreCourt of Appeals for the Armed Forces · 2003
  5. United States v. WiesenCourt of Appeals for the Armed Forces · 2002

35 more not listed; retrieve them via the Exa API.

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