[Congressional Record (Bound Edition), Volume 153 (2007), Part 15]
[Extensions of Remarks]
[Page 20771]
[From the U.S. Government Publishing Office, www.gpo.gov]




     INTRODUCTION OF THE EQUAL JUSTICE FOR OUR MILITARY ACT OF 2007

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                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                        Wednesday, July 25, 2007

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
the Equal Justice for Our Military Act of 2007--a bill that will give 
our servicemembers equal access to the United States Supreme Court. We 
all know that when American men and women decide to serve their nation 
in the Armed Forces, they make many sacrifices--from lost time with 
their families to irreplaceable losses of lives and limbs. However, 
most Americans are not aware that active-duty servicemembers also 
sacrifice one of the fundamental legal rights that all civilian 
Americans enjoy.
  Under current law, members of the military who are convicted of 
offenses under the military justice system do not have the legal right 
to appeal their cases to the U.S. Supreme Court. It is unjust to deny 
the members of our Armed Forces access to our system of justice as they 
fight for our freedom around the world. They deserve better.
  As the Chairwoman of the Subcommittee on Military Personnel, a long-
time advocate for servicemembers, and a representative of San Diego, 
one of the largest military communities in the nation, I feel an 
obligation to fight to ensure that the members of our military are 
treated fairly. Current law weights the playing field in favor of the 
government, granting the automatic right to Supreme Court review to the 
Department of Defense whenever a servicemember wins his or her case, 
but denying servicemembers that same right when the government wins a 
conviction against them in almost all situations. This is just unfair. 
In the 109th Congress, I introduced legislation to grant our men and 
women in uniform access to the Supreme Court in certain situations.
  Today, I am re-introducing this legislation in expanded form, to 
allow service members in a broader set of circumstances the right to 
Supreme Court appeal. This approach has been endorsed by the American 
Bar Association, the Military Officers Association of America, and many 
other advocates. I believe strongly that it is fundamentally unjust to 
deny those who serve on behalf of our country in the military one of 
the basic rights afforded to all other Americans. I hope that you will 
stand with me in support of this legislation to attain equal treatment 
for those who fight for us.

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