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The National Security Law Podcast

Episode 35: Will This Be the Year of Military Courts at the Supreme Court?

The National Security Law Podcast

Bobby Chesney and Steve Vladeck

Courses, Politics, News, Education, Government

4.8646 Ratings

🗓️ 12 September 2017

⏱️ 65 minutes

🧾️ Download transcript

Summary

Will this year's Supreme Court term be packed with cases relating to military courts?  In this week's show, Professors Chesney and Vladeck explore the possibility.  The Supreme Court currently has before it an array of petitions for review involving military court questions.  The Bahlul litigation presents a complex but deeply-important set of questions relating to the ability of the military commission system to adjudicate conspiracy charges, intermixed with procedural questions about the standard of review should the Court choose to get involved.  The Nashiri litigation, for its part, ultimately presents the critical question of whether an armed conflict existed with al Qaeda pre-9/11, and the Supreme Court currently must determine whether that issue should be resolved pre-trial or if, instead, the process must unfold through trial first.  And then there a mix of cases, including a large group of servicemembers who were convicted by court martial, presenting the question whether active-duty officers can serve as judges of the Court of Military Commission Review without violating an 1870 statute that creates a baseline rule against officers serving in civilian government positions.  Whew!  But, hey, if you are not into such questions, perhaps you'll stick around to find out which band Bobby saw last Friday night, and which football team greatly disappointed Steve on Sunday night!

Transcript

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0:00.0

Hello from Beautiful Austin and welcome to episode 35 of the National Security Law podcast, brought to you by the Strauss Center at the University of Texas.

0:18.5

I'm Bobby Chesney.

0:19.5

I'm Steve Blodick. It might be beautiful,

0:20.9

but it's hot. Hot, please. It's like in the high 80s. It feels great. It's going to be 97 on

0:26.5

Thursday. This is positively cool weather, Austin style. Austin has a weird definition of cool.

0:33.5

I tell you what, it gets pretty nice during the winter. So it's, let's see you, Bobby. It's Tuesday, September 12th, right around 222 central daylight time.

0:41.6

That's right.

0:42.5

What's going on?

0:43.7

Well, I got to tell you, my voice is a little shot.

0:46.2

So if listeners think I sound a little funny,

0:47.7

it's because I still have not entirely recovered from going to the Guns and Roses concert last Friday night in San Antonio.

0:56.2

I didn't tell Steve if I was going to mention that.

1:02.6

Were you welcomed to the jungle?

1:04.5

I was welcome to the jungle.

1:06.4

I'll give you a little.

1:07.3

And that sweet child of yours, Tarrant, had a birthday.

1:10.2

I did have a sweet child having a birthday this weekend.

1:12.5

That was awesome, too, but I didn't yell and scream nearly as much at my kids' eight-year-old

1:16.9

party as I did on Friday night at the Alamadam.

1:19.3

Guns and Roses.

1:20.3

They're still going.

1:22.1

Man.

...

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