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The Duffel Brief · the free edition, Monday, Wednesday and Friday

Vol. 15 · No. 118 · Friday, 2 October 2026

Navy & Marines

Paste-eating Marine praised for unmatched commitment to unit

Unit leaders say his ability to stick with the mission is unmatched

Backed-up toilet appointed new Secretary of the Army

Space Force’s new uniform puts a little goose back in the step

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Vol. 15 · No. 118

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Vol. 15 · No. 118 · Deployed worldwide

Friday

2 October 2026

1807 Zulu

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← Front page
Air & Space · Page 6

In stunning 5-4 decision, Supreme Court declares Air Force unconstitutional

Filed · 1547

WASHINGTON, D.C. — The U.S. Supreme Court, in a shocking decision, declared the U.S. Air Force unconstitutional earlier today.

In a 5-4 decision, the high court mandated a complete redistribution of personnel, equipment, and funds, "in a more constitutionally permissible manner."

The controversial decision is the end result that began at Eglin Air Force Base near Valparaiso, Florida. About seven years ago, Jonathan Smith, a local business owner, filed a civil suit against the Department of Defense. In the suit, Smith claimed that Eglin Air Force Base impermissibly acquired a one mile stretch of his privately owned property by improperly installing a large fence. Among other legal issues, Smith argued that the National Security Act of 1947 had unconstitutionally established the United States Air Force, and therefore, any appropriation of his land was improper despite other legal justifications.

“We were looking for a way around Sovereign Immunity and various other protections that military institutions enjoy. We decided to roll the dice and litigate for knees, as it were,” said Timothy Jones, the attorney representing Smith.

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