Military Appeals Court Says Ft. Hood Shooter's Appeal As To Beard Is Premature

The U.S. Court of Appeals for the Armed Forces (CAAF) yesterday lifted its previously imposed stay on the court martial proceedings of Fort Hood mass shooter Maj. Nidal Hasan.  The stay was imposed while the appeals court considered whether or not the presiding judge in the military trial can order Hasan, who has grown a beard for religious reasons, to be forcibly shaved. (See prior posting.) Now, as reported by Austin Legal, the CAAF decided that Hasan's appeal is premature because the trial judge has not yet formally ordered him to be shaved-- though Col. Gregory Gross who is conducting the court martial proceedings has repeated said that he will issue such an order. The CAAF's decision provides that, if Gross does issue the order, he is to spell out whether the Religious Freedom Restoration Act applies and explain why forcible shaving is the least restrictive means to further a compelling governmental interest. Gross' order could then be appealed to the Army Court of Criminal Appeals, the intermediate appellate court in the military system.