Congress gave certain rights to victims of military
sexual assault. 10 U.S.C. § 806b, Rights of Victims
("Article 6b"). Congress and the President gave victims
other rights, including the right to privilegedcommunications with psychotherapists.
Article I, Section 8, Clause 9 of the Constitution
gives Congress the power "To constitute Tribunalsinferior to the supreme Court" (the "Inferior TribunalsClause"). Congress constituted military trial andappellate tribunals by enacting the Uniform Code ofMilitary Justice. 10 U.S.C. § 801 et seq. ("UCMJ").
In violation of Article 6b and the psychotherapist
privilege, the Respondent military officer ordered theseizure and distribution of the privilegedpsychotherapy records of the Petitioner, a militarysexual assault victim. The military appellate tribunalssustained the Respondent's orders. Petitioner soughtjudicial review in federal courts established underArticle III of the Constitution.
Below, the Ninth Circuit held that the sovereign
immunity canon of construction precluded judicialreview in federal courts.
The questions presented are:
1. Whether Congress intended to bar judicial
review of a victim's rights under Article 6b; and
2. If Congress intended to bar judicial review,
whether such bar violates the Constitution's Inferior
Tribunals Clause.

Whether Congress intended to bar judicial review of a victim's rights under Article 6b