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Norbert Basil MacLean III
| Norbert Basil MacLean III | |
|---|---|
| Born February 10, 1971 (1971-02-10) (age 38) | |
Norb MacLean III in 2007. | |
| Nickname | Norb |
| Place of birth | Toms River, New Jersey United States |
| Allegiance | Dual citizenship (By Descent) (By Birth) |
| Service/branch | Royal Australian Air Force (Candidate) |
| Years of service | 1989-1994 (U.S. Navy) 2008-present (candidate RAAF) |
| Rank | USN: CTA3(AW) - Cryptologic Technician Petty Officer (Air Warfare) RAAF: Candidate |
| Unit | Naval Security Group United States Department of State Naval Mobile Construction Battalion-21 |
| Awards | Joint Service Achievement Medal National Defense Service Medal Navy "E" Ribbon Navy Expert Rifleman Medal Navy Expert Pistol Shot Medal |
| Other work | Lobbyist |
Norbert Basil MacLean III (born 1971) is a dual American-Australian citizen, and United States Navy veteran, who championed equal access to the Supreme Court of the United States for members of the United States Armed Forces.[1] [2] MacLean is also a candidate for the Royal Australian Air Force.[2]
Since the establishment of the Supreme Court of the United States in 1789, by the United States Constitution, members of the United States Armed Forces did not have the right to seek direct review of courts-martial convictions to the nation's highest court. In 1984 Congress passed the Military Justice Act of 1983 which gave limited Supreme Court review to service members. This limited review consists of death penalty sentences, cases in which the Court of Appeals for the Armed Forces granted discretionary review (which only happens less than 20 percent of the time), and cases certified by a service judge advocate general (which almost always inures to the benefit of the government).[3] Despite the passage of the Military Justice Act of 1983, more than 80 percent of all court-martialed service members were being shut out of the Supreme Court from a procedural due process flaw in the law.[3] [4] Civilian state and federal prisoners, illegal aliens, enemy combatants and detainees all have a right to petition the Supreme Court to review their convictions. But service members do not.[1] [5]
In March 2004 MacLean began to lobby Congress to permit all court-martialed service members access to the Supreme Court.[6] Under MacLean's proposal, for the first time in America's history, service members would have equal access to the nation's highest court in the land which they serve to protect and defend. Two bills were introduced in the 110th Congress to rectify the inequity in the law: Equal Justice for Our Military Act of 2007, HR 3174 and Equal Justice for United States Military Personnel Act of 2007, S.2052. The two bills are identical and adopt the language MacLean first proposed in 2004 to Congress.[2] On September 11, 2008 the Senate Judiciary Committee unanimously voted to approve S.2052.[7] [8] There were no objections and the bill was reported out to the full Senate.[9] [10] The next day S.2052 was placed on the Legislative Calendar of the Senate.[11] On September 27, 2008 the U.S. House of Representatives suspended the rules, held debate on the floor and passed HR 3174 by two-thirds voice vote. [12] [13] Despite the House passing HR 3174, both bills died in the 110th Congress because one Republican Senator blocked a Senate floor vote under the unanimous consent calendar.
On January 15, 2009 Rep. Susan A. Davis (D-Calif.) chairwoman of the Subcommittee on Military Personnel of the House Armed Services Committee reintroduced the bill in the 111th Congress as the Equal Justice for Our Military Act of 2009, HR 569.[14] HR 569 has been referred to the House Judiciary Committee. On January 30, 2009 Senators Dianne Feinstein (D-Calif.), Arlen Specter (R-Pa.) and Russ Feingold (D-Wis.) reintroduced the Senate bill in the 111th Congress as the Equal Justice for United States Military Personnel Act of 2009, S.357. [15] [16] The language of the reintroduced bills are the same as the previous bills in 110th Congress. Both the House and Senate bills are also the same language as MacLean first proposed to Congress in 2004.[6]
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