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Ortiz v. United States

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
16-1423 C.A.A.F. Jan 16, 2018 Jun 22, 2018 7-2 Kagan OT 2017

Holding: Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.

Judgment: Affirmed, 7-2, in an opinion by Justice Kagan on June 22, 2018. Justice Thomas filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 21 2017Application (16A1034) to extend the time to file a petition for a writ of certiorari from May 10, 2017 to June 9, 2017, submitted to The Chief Justice.
Apr 26 2017Application (16A1034) granted by The Chief Justice extending the time to file until June 9, 2017.
May 19 2017Petition for a writ of certiorari filed. (Response due June 29, 2017)
Jun 26 2017Order extending time to file response to petition to and including July 31, 2017.
Jul 27 2017Order further extending time to file response to petition to and including August 18, 2017.
Aug 18 2017Brief of respondent United States in opposition filed.
Aug 30 2017Reply of petitioner Keanu D. W. Ortiz filed.
Sep 06 2017DISTRIBUTED for Conference of 9/25/2017.
Sep 28 2017Petition GRANTED, and the petitions for writs of certiorari in Nos. 16-961 and 16-1017 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. In addition to the questions presented by the petitions, the parties are directed to brief and argue the following question: Whether this Court has jurisdiction to review the cases in Nos. 16-961 and 16-1017 under 28 U. S. C. § 1259(3).
Nov 07 2017Joint appendix filed. VIDED. (Statement of costs filed)
Nov 07 2017Brief of petitioners filed. VIDED.
Nov 14 2017Brief amicus curiae of Aditya Bamzai in support of neither party filed. VIDED.
Nov 17 2017SET FOR ARGUMENT ON Tuesday, January 16, 2018. VIDED
Nov 22 2017CIRCULATED.
Dec 07 2017Brief of respondent United States filed. VIDED.
Dec 14 2017Motion of Aditya Bamzai for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 05 2018Motion of Professor Aditya Bamzai for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is divided as follows: 30 minutes for petitioners, 10 minutes for Professor Aditya Bamzai, and 30 minutes for respondent. VIDED
Jan 05 2018Reply of petitioner Keanu D. W. Ortiz filed. VIDED. (Distributed)
Jan 09 2018Record received from U.S.C.A. for the Armed Forces. (1 Box)
Jan 10 2018Letter of respondent United States filed. VIDED. (Distributed)
Jan 16 2018Argued. For petitioners: Stephen I. Vladeck, Austin, Tex. For Professor Aditya Bamzai as amicus curiae: Aditya Bamzai, Charlottesville, VA. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.
Jan 16 2018Record received from the U.S.C.A. for the Armed Forces. (1 Box)
Jun 22 2018Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
Jul 24 2018JUDGMENT ISSUED.
Aug 07 2018The records received on January 9 and 16, 2018 from the U.S.C.A. for the Armed Forces has been returned.