Constitutional Opinion No. 2026-0682
Case Information
- Source
- U.S. Congress (govinfo.gov)
- Author
- 118th Congress
- Publication Date
- 2024-01-01
- Content Type
- Legislation
- Opinion Issued
- 2026-07-19
- AFCS Version
- 1.0
Holding
The FY2025 NDAA authorizes DoD across procurement, research, readiness, personnel, and — as its named priority — servicemember quality of life (pay reform, housing, childcare, healthcare), with China/Indo-Pacific deterrence, Taiwan cooperation, PRC-entity sanctions, and nuclear/space modernization (Sentinel ICBM, B61-13, Space Force). Dominant advocated thrust is American military strength and servicemember welfare: Article XVI (85) and Article I (63, tempered by the foreign-nations titles and the Division G State Dept authorization). What distinguishes it from the FY26/FY27 NDAAs (0675, 0676) is a set of riders the Standard affirmatively favors: §708 prohibits certain transgender medical procedures for minors under TRICARE (Article IV, 76), and §1115 (DEI restrictions) + §559E (CRT funding restrictions) advance merit-not-preference (Article III, 78) — scored on canon alignment, not political valence. Foreign-aid Automatic Fail declined per Rule 21. NOTE: correct enrolled version verified — the engrossed-House print of H.R. 5009 was a different bill (the WILD Act) used as the legislative vehicle; the enacted NDAA is the enrolled text scored here. Tier 1 = 75; Final 77 — the highest of the three NDAAs, consistent with its additional aligned riders. 85/15 weighting.
It is the judgment of this Court that Opinion No. 2026-0682 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.