Constitutionality of Art. 119a

The constitutionality of Article 119a, UCMJ, may be headed back to CAAF.  But there is no guarantee CAAF will grant a petition.

AFCCA has decided United States v. Cooper.  In a short opinion relying on United States v. Boie, 70 M.J. 585 (A.F. Ct. Crim. App. 2011), pet. denied 70 M.J. 416 (C.A.A.F. 2011), the court rejects the constitutional challenge.  In Boie the court reviews the status of similar laws around the country.