In summary, it would appear that the Supreme Court, through the Toth decision, has created a situation that bears a potentiality of injustice and social detriment completely out of proportion to that feared from the provisions in the Uniform Code of Military Justice unhesitatingly declared unconstitutional. If the Court had adopted a practical and realistic approach to the problem, comparing the rights of the individual under both the constitution and military law, and visualizing the problem created by its present decision, the result could have been different. Now, Congress must attempt remedial action and determine the method of cure that will result in the minimum deprivation of personal rights--which is exactly what it did in 1950 when it enacted article 3 of the Uniform Code of Military Justice.
William R. Willis Jr.,
Toth v. Quarles -- For Better or for Worse?,
9 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol9/iss3/5