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Syllabus
which Buckley cited as authority, were civil cases that did not explicitly rely on the de facto officer doctrine in validating the past acts of public officials against constitutional challenges, and this Court is not inclined to extend those cases beyond their facts. Pp. 180-184. (b) The Court rejects the Government's several alternative defenses of the Court of Military Appeals' decision to give its Carpenter holding prospective application only. First, the argument that the latter court exercised remedial discretion pursuant to Chevron Oil Co. v. Huson, 404 U. S. 97, is unavailing because there is not the sort of grave disruption or inequity involved in awarding retrospective relief to this petitioner that would bring the Chevron Oil doctrine into play. Nor is it persuasively argued that qualified immunity, which specially protects public officials from damages liability for judgment calls made in a legally uncertain environment, should be extended to protect such officials from Appointments Clause attacks, which do not involve personal damages, but can only invalidate actions taken pursuant to defective title. Similarly, the practice of denying criminal defendants an exclusionary remedy from Fourth Amendment violations when those errors occur despite the Government actors' good faith, United States v. Leon, 468 U. S. 897, does not require the affirmance of petitioner's conviction, since no collateral consequence arises from rectifying an Appointments Clause violation, see id., at 907, and such rectification provides a suitable incentive to make challenges under the Clause, see id., at 918-921. Finally, the Government's harmless-error argument need not be considered, since it was not raised below and there is no indication that the Court of Military Appeals determined that no harm occurred in this case. The related argument that any defect in the Court of Military Review proceedings was in effect cured by review in the Court of Military Appeals must be rejected because of the difference in function and authority between the two courts. Petitioner is therefore entitled to a hearing before a properly appointed panel of the Coast Guard Court of Military Review. Pp. 184-188.
39 M. J. 454, reversed and remanded.
Rehnquist, C. J., delivered the opinion for a unanimous Court.
Allen Lotz argued the cause and filed a brief for petitioner. With him on the briefs were G. Arthur Robbins and Alan B. Morrison. Deputy Solicitor General Wallace argued the cause for
the United States. On the brief were Solicitor General
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