Debate Comments


[Mike German]

Given that the federal courts are courts of limited jurisdiction, and have an affirmative duty to inquire into and justify their exercise of jurisdiction, should not a truly independent district judge examine and find that he has no jurisdiction in these cases or, if he does, that he ought to abstain from exercising his jurisdiction in favor of a military court or tribunal's? It's doubtful that either the government or the defense would make such a challenge in these cases, so the only real chance for airing the issue would have to come from the court. Query if amicus may raise such a challenge and what sort of standing would it have to show in order to do so.