Reply #30: UCMJ actions can be appealed to the US Supreme Court

[happyslug]

It just goes through the US Military appeal system (Court of Military Appeals) as opposed to through the Federal District Court, Circuit Court of Appeals etc.

Remember the Supreme Court (with a few exceptions) does not have to take on any case, the cases the Supreme Court take is decided by the Supreme Court. Your only appeal of right under the UCMJ is to the Court of Military Appeals, but that is the equivalent if someone was convicted in Federal Court, his or her only appeal as of right is to the local Circuit Court of Appeals. Under BOTH systems there is NO RIGHT to appeal to the Supreme Court (You have the right to ask the court to hear your case but the court does not HAVE to hear your appeal).

Furthermore given the Supreme Court historic tendency to defer to the Military it is rare for the Court to even take a case from the military court system but it has in the past and can do so today.