BADC Report and Recommendation Adopted
On Monday July 10, 2000 the ABA House of Delegates overwhelmingly adopted the BADC Resolution opposing DOD proposed legislation to modify judicial remedies and jurisdiction in military selection board cases. The original language of the Association's resolution was amended by adding the final phrase to accommodate concerns raised primarily by the Standing Committee on Armed Forces Law, but echoed by the Judge Advocates Association and the Administrative Law and Regulatory Practice Section. Each of these entities ultimately supported the proposal. In addition, a second paragraph ("Further Resolved") provision was added specifically to oppose retroactive legislation. The text of the proposal as adopted follows (amendments are underlined):
"RESOLVED, That the American Bar Association urges the Congress not to enact legislation restricting or modifying the jurisdiction of federal courts, or modifying the remedies available therein, in cases involving military selection boards, as proposed by the Department of Defense in Title V, Subtitle F (Sections 551 to 554) of the proposed DOD Authorization Act for FY 2001, which was forwarded to the Congress on March 6, 2000, unless and until Congress has had an opportunity to hold hearings on the proposed legislation.
FURTHER RESOLVED, That in accordance with the goals of the American Bar Association to protect judicial independence and the rule of law, the Association urges rejection of the proposal in Section 554 of the proposed Act or any similar proposal which would apply such legislation retroactively to change the rule of decision for cases already pending in the courts of the United States.
Immediate Past-President Jack Olender presented the proposal to the House, and was supported by comments by Rear Admiral John Jenkins, Bob Weinberg and Kevin Barry. Only the Department of Justice spoke against the proposal.