Reid v. Covert

Background

Two American women who were living with their husbands on U.S. military bases overseas were tried by U.S. military courts abroad for murder and convicted by courts-martial under Article 2(11) of the Uniform Code of Military Justice. The Government relied on international agreements allowing American military jurisdiction in countries like England and Japan. The women sought habeas relief, and the Court reconsidered an earlier decision that had sustained military trial.

Reasoning

The core question was whether constitutional trial protections follow American citizens abroad and whether Congress’ power to make rules for the armed forces permits court-martial of civilian dependents for capital crimes. The majority held that the Constitution’s Article III and the Fifth and Sixth Amendment protections apply and that treaties cannot authorize trial procedures that violate those protections. The Court concluded that civilian dependents may not be tried by military tribunals for capital offenses and ordered the women released or their convictions set aside.

Real world impact

The ruling removes court-martial as a method for trying dependents abroad in death-penalty cases and forces the Government and Congress to rely on civilian trials, foreign courts, or other lawful alternatives for serious crimes by Americans overseas. The opinion leaves open, however, narrower questions about non-capital offenses because concurring Justices limited their agreement to capital cases.

Dissents or concurrances

Two separate concurring opinions agreed in result but limited the holding to capital cases; a dissent argued that military jurisdiction was necessary for discipline and practical enforcement abroad and would uphold Article 2(11).