Supreme Court of the United States
Loving v. United States
June 3, 1996517 U.S. 748
Summary
The Court, in an opinion by Justice Kennedy, affirmed Loving's death sentence, holding that Congress could and did authorize the President to prescribe aggravating factors for military capital sentencing. Assuming civilian capital-punishment precedents applied, Article 118 required additional narrowing factors. Articles 18, 36, and 56 authorized those factors, and the President's independent responsibilities as Commander in Chief made further congressional guidance unnecessary. Justice Stevens, joined by Justices Souter, Ginsburg, and Breyer, emphasized that whether capital court-martial jurisdiction requires a service connection remained open, but found such a connection here. Justice Scalia, joined by Justice O'Connor, concurred in part and in the judgment, rejecting the majority's reliance on English history and distinguishing permissible assignments of executive responsibilities from delegation of legislative power. Justice Thomas concurred in the judgment based on military-specific deference, questioned whether civilian capital-sentencing requirements apply to military prosecutions, and declined to endorse broader delegation principles.
Holding
- Whether Article 118 sufficiently narrows death eligibility without additional aggravating factors.. Assuming Furman and its progeny apply to Loving's prosecution, additional aggravating factors are necessary to sustain the military capital-punishment scheme.
- Whether Congress may authorize the President to prescribe military capital aggravating factors.. Congress may authorize the President, acting as Commander in Chief, to prescribe aggravating factors permitting imposition of a statutorily authorized death penalty.
- Whether the UCMJ authorized promulgation of RCM 1004.. Articles 18, 36, and 56 together clearly authorized the President to promulgate RCM 1004.
- Whether further congressional guidance was constitutionally necessary.. The authorization was constitutionally valid without further guidance directing the President's selection of aggravating factors.
Docket 94-1966
Cited authorities
- 10 U.S.C. §§ 918
- 10 U.S.C. §§ 918
- 12 Stat. 736
- 39 Stat. 664
- 10 U.S.C. § 860
- 1 Stat. 96
- 1 Stat. 121
- 72 Harv. L. Rev. 1
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