Robert S. Carlborg v. United States
AdministrativeLaw FifthAmendment
Whether petitioner was deprived of a property interest in military retirement under the Due Process Clause when the court of appeals did not follow stare decisis or provide analysis in affirming the trial court decision
1. Whether petitioner was deprived of the property interest right in his military retirement under the Due Process Clause of the Fifth Amendment when the court of appeals, without comment or analysis, did not follow stare decisis and apply binding precedent when affirming the trial court decision. 2. Whether petitioner was deprived of the property interest right in his military retirement under the Due Process Clause of the Fifth Amendment when the court of appeals did not consider petitioner ’s arguments as the court ’s decisional path is not found in its opinion. (i)