Former Marine challenges power of courts-martial to try military retirees - SCOTUSblog

Under the Uniform Code of Military Justice, military courts-martial retain jurisdiction over retired servicemembers. Courts-martial can punish a broader range of conduct and face fewer constitutional constraints than civilian courts. Therefore, since the time of the Korean War, the Supreme Court has repeatedly limited courts-martial to “the narrowest jurisdiction deemed absolutely essential to maintaining discipline among troops in active service.” This week, we highlight cert petitions that ask the court to consider, among other things, whether the UCMJ’s extension of court-martial jurisdiction to retired servicemembers violates the Constitution.

The question comes to the Supreme Court in the case of Steven Larrabee, who served in the Marines for 20 years before retiring to the Fleet Marine Corps Reserve in August 2015. Unlike traditional reserve components of the armed forces, the FMCR is a effectively a retirement status for Marines who have previously served on active duty. Its members receive a pension, lack any military authority, and do not face any fitness obligations.

Three months after his retirement, Larrabee recorded himself sexually assaulting a civilian bartender at a bar that he managed in Iwakuni, Japan. He was charged under the UCMJ with sexual assault and indecent recording. After pleading guilty at a court-martial, he was sentenced to 10 months in prison and a dishonorable discharge from the military.