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Military Jurisdiction Over Retirees

The military jurisdiction over retirees, specifically how retired rank and pay status affect whether a former service member falls under military jurisdiction.

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Jan 16, 2026
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Does retired rank or retired pay status affect jurisdiction or the ability to recall someone for court-martial?

Retired rank and retired-pay status materially affect whether a former service member falls under military jurisdiction: retirees of the regular components who are “entitled to pay” and certain catego...

Jan 6, 2026

What defenses have succeeded in challenging military jurisdiction over retired personnel in recent appellate decisions?

Recent appellate litigation has produced two distinct defensive paths that have sometimes succeeded in pushing back against military jurisdiction over retirees: statutory‑status challenges that argue ...