Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on Petition for Writ of Certiorari).
Argument: The Court should overrule Loving v. United States, which is no longer good law in light of Ring v. Arizona. Rules for Courts-Martial 1004 violates constitutional separation-of-powers principles. Only Congress may define the elements of a criminal offense. The foregoing separation-of-powers principles apply equally in the military justice system.