Beyond all the gnashing of teeth and tearing of clothes over the
various proposals to dismantle the Uniform Code of Military
Justice in an effort to eliminate “sexual assault” in the
military, there are some who envision a much more terrifying
future.  Last month I noted (here and here) the Supreme Court’s
consideration of United States v. Kebodeaux, No. 12-418.
SCOTUSblog has a great writeup of the case in its argument
preview here. In short, Kebodeaux was convicted by a special
court-martial in 1999 of carnal knowledge, arising from a
“consensual” sexual relationship with a 15 year old. He moved to
Texas and registered as a sex offender, but failed to update his
registration when he moved within Texas in 2007. He was arrested
in 2008, indicted for violating the federal Sex Offender
Registration and Notification Act (SORNA) (enacted in 2006), and
convicted.  The district court denied a constitutional challenge
to the application of the statute to Kebodeaux, and a panel of
the Fifth Circuit affirmed. But then