Press Release
September 27, 2008
House Passes Susan Davis's Equal Justice for our Military Act
Bill will allow service members to appeal to Supreme Court
WASHINGTON – The words on the United States Supreme Court building read “Equal Justice Under Law.” Yet some U.S. service members are denied access to the nation’s highest court. Congresswoman Susan Davis (D-CA) introduced legislation to fix this inequity in the military justice system, and the House approved her bill on a voice vote.
The Equal Justice for Our Military Act (H.R. 3174) would eliminate a troubling disparity in current law by allowing court-martialed service members whose cases involve extraordinary circumstances to appeal for Supreme Court review. In contrast, the government currently has the right to appeal for Supreme Court review in every one of these cases.
Furthermore, the bill would allow service members to appeal to the Supreme Court in cases where their petitions for review by the Court of Appeals for the Armed Forces have been denied as well as allow the Supreme Court discretionary review of certain cases, provisions supported by the American Bar Association.
“This is a simple matter of fairness,” said Davis, Chairwoman of the Military Personnel Subcommittee. “We ask our men and women in uniform to support and defend our Constitution, which guarantees due process, yet we deny some of them that process. The disparity with which defendants and the government are treated under the current law is an inequity that should be rectified. I am pleased the House took this important step toward complete justice for our service members.”
Congress created a separate criminal justice system for our Armed Forces, which is governed by the Uniform Code of Military Justice (UCMJ). The UCMJ provides that criminal charges against members of the Armed Forces will be tried before courts-martial and further provides for the review of court-martial judgments by a series of military courts and officials.
Two weeks ago, the Senate version of H.R. 3174 was approved by the Senate Judiciary Committee.
The legislation has been endorsed by the Military Officers Association of America and the American Bar Association.