Convicted U.S. citizens and illegal aliens, even enemy combatants tried by military commissions – all have the right to petition the U.S. Supreme Court for review of their convictions. But American service members do not, and a move is afoot to end what some say is an inequality that was indefensible when approved more than two decades ago.
“Every citizen of every state and every prisoner who is tried in federal court has access to the Supreme Court. For a service member to be denied similar access does not make any sense to me,” said Walter T. Cox III, a retired judge of the U.S. Court of Appeals for the Armed Forces, and of counsel to Nelson Mullins Riley & Scarborough’s Charleston, S.C., office.
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