U.S. Supreme Court

6/6/2025

Will the Court take a challenge to the permissive inference used to convict servicemembers of knowing drug use when the only evidence is a failed urinalysis?

5 Comments

Cloudesley Shovell

6/8/2025 10:10:08

Supreme Court review is doubtful, but the petition may result in a remand to reconsider.

I also suspect there's more to the story. There nearly always is, even if the rest of the story isn't directly reflected in the record.

Kind regards,
CS

What Waste

6/9/2025 10:27:36

I cannot believe the Air Force - especially in a time when they are canceling orders to save money - is paying thousands of dollars to petition SCOTUS in cases where the issues of law are insignificant. SCOTUS has shown no willingness to dilute its deference to Congress and Executive in military justice cases. I suspect that SG will waive response. So we are using Government executive branch lawyers and taxpayer dollars to petition SCOTUS, to then have Government executive lawyers determine the case is so insignificant it does not merit response. I wonder if SECAF would approve of such wasteful expenditure of not only the publishing costs but also the use of JA time?

Brenner Fissell

6/9/2025 17:55:51

AF is not petitioning. Adam S. Kelnhofer is.

What Waste

6/9/2025 20:45:30

So he’s paying the costs to publish? You know he’s not. It’s the taxpayer. It is ridiculous.

What Waste

7/6/2025 20:53:01

Just as I predicted, SG waived reply. Good thing this guy gets tricare awaiting the September 29 conference. Maybe his unit should subject him to a UA in the meantime.

CAAFlog

U.S. Supreme Court

Leave a Reply.

Archives

Categories