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The Court of Appeals for the Armed Forces (Military Court of Appeals) and the US Supreme Court are in separate chains of authority. The former is a military court (an Article I tribunal), while the latter is a civilian court (and an Article III tribunal). Cases may be appealed from the Court of Appeals for the Armed Forces to the Supreme Court; however, this is a rare occurrence.

In any event, there is no appellate court above the Supreme Court at all.

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13y ago
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11y ago

The Supreme Court historically separates itself from military matters, allowing the military court system to handle military matters as members of the armed forces are not entitled to the same legal protections as civilians. The UCMJ is the military's version of the Constitution so-to-speak.

Also, SCOTUS does not 'try' cases. Rather, the Court hears challenges to the constitutionality of laws and rulings made by lower courts (such as withheld evidence, prosecutor misconduct, etc.) . That's why many criminals who file for writs of certiorari are denied because their cases do not qualify under those parameters.

Because the Supreme Court is constitutionally the highest court in all the land, barring an amendment being passed preventing them from getting involved in military rulings, they could hypothetically overturn a military tribunal.

However, unless there was gross negligence on the part of the military court, it's highly unlikely they would even get involved.

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13y ago

Yes, cases may be appealed to the US Supreme Court from the US Court of Appeals for the Armed Forces (military appellate court).

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Q: Can the Military Court of Appeals overturn the decision of the US Supreme Court?
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