With its decision in United States v. Stanley, the United States Supreme Court completed the virtual evisceration of servicemembers' constitutional rights begun thirty-seven years before in Feres v. United States. Although the courts have never expressly held that servicemembers do not enjoy the same constitutional rights that other citizens enjoys the Supreme Court's decision in Stanley has left servicemembers without an effective remedy to vindicate their constitutional rights. Rights without means of enforcing them are meaningless.
Jonathan P. Tomes,
Feres to Chappell to Stanley: Three Strikes and Servicemembers Are Out,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol25/iss1/4