MISCELLANEOUS MATTERS: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Executive Orders

2023 (October Term)

United States v. Brown, 84 M.J. 124 (an appellate court is not bound by the President's interpretation of the elements of substantive offenses; nonetheless, when the President's narrowing construction of a statute does not contradict the express language of a statute, it is entitled to some deference, and the court will not normally disturb that construction).

2020 (October Term)

United States v. Brubaker-Escobar, 81 M.J. 471 (Presidential Executive Order No. 13,825, 83 Fed. Reg. 9889 (March 1, 2018) was a valid exercise of the President’s rulemaking authority). 


United States v. Pritt, No. 99-0912, 54 MJ 47 (Executive Order promulgating changes to the Manual for Courts-Martial did not change effective date of amendment to Article 95, UCMJ, as the legislation had been previously changed and the conduct proscribed made punishable when enacted, and Executive Order did not provide any additional safeguards to servicemembers with regard to the amendment).

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