No, because no one, as we've discussed, ever gets to challenge it. I narrow it, as the Constitution requires, to one aspect at a time. Giving criminal records, in my respectful submission, to some of the people who go through a summary trial proceeding is unconstitutional. I'm not in much doubt about that.
Justice LeSage, who understands the Constitution and accepts the generality of the constitutionality of criminal justice being different for the military, called it consequences that are totally disproportionate to the violation. That, for any lawyer, is language that says “can't pass the constitutional test”, because that is the constitutional test: you have to show that it is justifiable.