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Armed forces has recently, in a line of cases and their progeny, cast doubt as to the constitutionality of this provision as applied in a criminal setting. The court of appeals has, in a rather expansive dicta, said that notwithstanding the plain text of the military rule of evidence, which requires the judge to do this balancing test, that the privacy interests of a victim, the danger of unfair prejudice to a victims privacy interests, will never trump the introduction of evidence that is material to the defense and favorable to the defense at trial. That is, the constitutional right to present a defense will always trump the victims privacy interests. This case, United States versus gaddis, found in volume 70 of the military justice reporter, beginning, i believe, at page 248, and the court, although divided in that opinion, is united in its skepticism toward the applicability of this provision and whether the victims privacy is ever relevant to the admissibility of evidence in a cou

United statesDistrict of columbiaSteve simpsonClarence thomasJaffe v redmonHoward cobleSonia sotomayorJustin alitoTom harkinJudith kennedyCourt appealsGreat dealState lawAd hocOpportunity panelPanel members