Cite as: 510 U. S. 163 (1994)
Opinion of Scalia, J.
has made Judges dependent on his Will alone, for the tenure of their offices.")
Thus, while the Court's opinion says that historical practice is merely "a factor that must be weighed in [the] calculation," ante, at 179, it seems to me that the Court's judgment today makes the fact of a differing military tradition utterly conclusive. That is as it should be: "[N]o procedure firmly rooted in the practices of our people can be so 'fundamentally unfair' as to deny due process of law." Pacific Mut. Life Ins. Co. v. Haslip, 499 U. S. 1, 38 (1991) (Scalia, J., concurring).
For these reasons, I concur in Parts I and II-A and concur in the judgment.
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