shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ...
SCOTUS may often show some deference to military courts, but in the end SCOTUS is over them
Supreme Court hears rare appeal challenging military judges
By Ariane de Vogue, CNN Supreme Court Reporter
Updated 3:46 PM ET, Tue January 16, 2018
Washington (CNN)The Supreme Court delved into unusual terrain on Tuesday when it heard arguments brought by military service members -- the first time the justices have heard such a case in 21 years. At issue in the case -- Dalmazzi v. United States -- is an 1870 statute that prohibits active-duty service members from holding a second elected or appointed government office unless Congress expressly authorizes it. It's this law, for example, that prevents active-duty military officers from holding most Cabinet positions, or from being elected to state or local office. In this case, the issue arises from the appointment of four military judges to also serve as judges on the Court of Military Commission Review, the special appeals court Congress created in 2006 to oversee the Guantánamo military commissions. Eight service members were convicted by court-martial, and had their appeal heard by one of these four miliary judges while they were serving in both capacities. And under the 1870 statute, the service members argue, the appointment of these judges to this second office should have required them to forfeit their military status -- thereby disqualifying them from hearing their appeals ...