Newsflash: there are ambulance, headline grabbing lawyers just slobbering at the mouth, waiting for Congress and the president to do something stupid with DADT, find a single soldier that doesn't like their decision, then that lawyer files a lawsuit on behalf of his client, on the grounds that the decision to change DADT is unconstitutional. Why? Because they left out an, "of", somewhere when they rewrote Article 125. Or, because he/she, under DoD regulations, has the right to serve in a safe and comfortable environment. Or, hell, you name it!
I'm going to just guess that you are not reading any of the replies. They CANNOT send it to the USSC for a quick onceover .... that would be unconstitutional. The USSC has not the authority to check over laws, or proposed changes to laws. They only have the authority to rule on a case that is challenged by parties that are ruled to have standing before the court to challenge the law.
There are no lawyers waiting to do what you said, because no such person would be granted a license to practice the law. They would fail the bar exam.
When UCMJ was enacted with the 1952 Def. Act it stated on how and when any part of the UCMJ can be changed and it left that up to the USSC. Now if someone in the Military wants to challange any part of the UCMJ they can by going thru an Section 867a Art. 67a
I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang
My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang
There can be no section of law, whether military code or us code or anything else that gave the authority to the Supreme Court to change the USSC. The only constitutional authority they have with regard to changing the UCMJ is ruling a section unconstitutional if presented with a person deemed to have standing who has claimed harm by the law.
And then, they can only throw out an offending part. Only Congress, by writing new law, or the President, by issuing an Executive Order, can change the UCMJ.
And any changes they make would stand, unless and until one of them changed it, or a case accepted by the SC threw it out.