[dissentowner]

Originally Posted by Whynotnow

I’m pretty sure going after the national guard members rank and file would be a losing issue, completely.

How so?

https://www.acslaw.org/expertforum/w...r-sacred-oath/

The military’s penal code, the Uniform Code of Military Justice (UCMJ), includes common law crimes such as murder, rape, and larceny. Given that there is no requirement that the crime involve the military beyond the fact that the accused is a member of the armed forces subject to military law, courts-martial jurisdiction often “overlaps substantially with that of state and federal courts” Ortiz v. United States, 138 S. Ct. 2165, 2167 (2018). However, the UCMJ also, quite reasonably, provides numerous military-unique crimes, such as conduct that is service discrediting or prejudicial to good order and discipline; insubordination; desertion; contemptuous words; and disobedience. As a result of these crimes that compromise good order and discipline, it is an undeniable reality that the civil liberties of those in the military are not co-extensive with civilians; the First Amendment’s freedom of speech protections, for example, apply far differently, and for the most part appropriately so, to those in the military than to those not in uniform