166
Opinion of the Court
fixed term of office violated the Due Process Clause. Relying on its recent decision in United States v. Graf, 35 M. J. 450 (1992), cert. pending, No. 92-1102, in which the court unanimously held that due process does not require military judges to have a fixed term of office, the court rejected Weiss' due process argument. 36 M. J. 224, 235, n. 1 (1992). In a splintered decision, the court also rejected petitioner's Appointments Clause challenge.
Two of the five judges concluded that the initial appointment of military trial and appellate judges as commissioned officers is sufficient to satisfy the Appointments Clause. Id., at 225-234 (plurality opinion). A separate appointment before taking on the duties of a military judge is unnecessary, according to the plurality, in part because the duties of a judge in the military justice system are germane to the duties that military officers already discharge. Ibid. One judge concurred in the result only, concluding that the Appointments Clause does not apply to the military. Id., at 234-240 (opinion of Crawford, J.). The other two judges dissented separately. Both stressed the significant changes brought about by the Military Justice Act of 1968, particularly the duties added to the newly created office of military judge, and both concluded that the duties of a military judge are sufficiently distinct from the other duties performed by military officers to require a second appointment. See id., at 240-256 (Sullivan, C. J., dissenting), and id., at 256-263 (Wiss, J., dissenting).
The Court of Military Appeals accordingly affirmed petitioner Weiss' conviction. Based on its decision in Weiss, the court, in an unpublished opinion, also affirmed petitioner Hernandez' conviction. Judgt. order reported at 37 M. J. 252 (1993). Weiss and Hernandez then jointly petitioned for our review, and we granted certiorari. 508 U. S. 939 (1993).
It will help in understanding the issues involved to review briefly the contours of the military justice system and the role of military judges within that system. Pursuant to Ar-
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