Abdirahman v. United States

(1) Whether a judge's service on the U.S. Court of Military Commission Review disqualifies him or her from continuing to serve on either the Army or Air Force Court of Criminal Appeals under 10 U.S.C. § 973(b)(2)(A)(ii), which requires specific authorization from Congress before active-duty-military officers may hold a "civil office," including positions that require "an appointment by the President by and with the advice and consent of the Senate"; and (2) whether a judge's simultaneous service on both the U.S. Court of Military Commission Review and either the Army or Air Force Court of Criminal Appeals violates the appointments clause.