In the past eight years, the Obama administration has been no stranger to charges it has violated separation of powers or exceeded its statutory authority. But a new charge comes from an unusual source—the military justice system—in a U.S. Supreme Court petition that has the potential to dismantle the military’s capital punishment scheme.
The petition in Akbar v. United States arrives at a time when two justices—Stephen Breyer and Ruth Bader Ginsburg—continue to urge their colleagues to re-examine the constitutionality of the death penalty. And the petition raises an issue the late Justice Antonin Scalia may have found difficult to pass up.
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