Whether the Constitution permits the court-martial of a retired military servicemember

QUESTIONS PRESENTED In United States ex rel. Toth v. Quarles, this Court held that the armed forces could not constitutionally court-martial “civilian ex-soldiers who had severed all relationship with the military and its institutions,” 350 U.S. 11, 14 (1955), even for offenses committed while on active duty. Petitioner is a retired Marine who was tried and convicted by court-martial for offenses committed after he had been discharged from active duty, and with no relationship to his military status. The lower courts nevertheless rejected his constitutional challenge to the exercise of military jurisdiction, concluding that “those in a retired status remain ‘members’ of the land and Naval forces who may face court-martial” for any and all crimes they commit while retired. United States v. Dinger, 76 M.J. 552, 557 (N-M. Ct. Crim. App. 2017). The Questions Presented are: 1. Whether the Constitution permits the courtmartial of a retired military servicemember. 2. Whether, if so, the Constitution limits the jurisdiction of courts-martial in such cases to offenses that are related to the retiree’s military status.