Kuang v. Department of Defense
Petition for certiorari denied on April 26, 2021
Issue: (1) Whether courts can evade their constitutional and statutory duty to review military decisions under the so-called "Mindes test," from the U.S. Court of Appeals for the 5th Circuit's decision in Mindes v. Seamen, or whether claims seeking injunctive relief against the military are reviewable so long as they do not present a nonjusticiable political question or otherwise fall outside the court"s subject-matter jurisdiction; and (2) whether a Department of Defense policy that requires all legal permanent resident enlistees"but not their U.S.- citizen counterparts"to suffer unjustified delays before beginning their military careers is judicially reviewable.
SCOTUSblog Coverage
- Petitions of the week (Andrew Hamm, May 5, 2020)
| Date | Proceedings and Orders |
|---|---|
| 01/17/2020 | Application (19A808) to extend the time to file a petition for a writ of certiorari from January 30, 2020 to March 30, 2020, submitted to Justice Kagan. |
| 01/21/2020 | Application (19A808) granted by Justice Kagan extending the time to file until March 30, 2020. |
| 03/30/2020 | Petition for a writ of certiorari filed. (Response due May 4, 2020) |
| 04/17/2020 | Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk. |
| 04/20/2020 | Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020. |
| 05/04/2020 | Brief amici curiae of Modern Military Association of America, et al. filed. |
| 05/29/2020 | Motion to extend the time to file a response from June 3, 2020 to August 14, 2020, submitted to The Clerk. |
| 06/01/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2020. |
| 07/28/2020 | Motion to extend the time to file a response from August 14, 2020 to October 16, 2020, submitted to The Clerk. |
| 07/29/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2020. |
| 10/07/2020 | Motion to extend the time to file a response from October 16, 2020 to December 15, 2020, submitted to The Clerk. |
| 10/08/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including December 15, 2020. |
| 12/09/2020 | Motion to extend the time to file a response from December 15, 2020 to February 19, 2021, submitted to The Clerk. |
| 12/11/2020 | Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021. |
| 02/18/2021 | Motion to extend the time to file a response from February 19, 2021 to March 19, 2021, submitted to The Clerk. |
| 02/19/2021 | Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2021. |
| 03/19/2021 | Brief of respondents U.S. Department of Defense, et al. in opposition filed. |
| 04/06/2021 | Reply of petitioners Jiahao Kuang, et al. filed. (Distributed) |
| 04/07/2021 | DISTRIBUTED for Conference of 4/23/2021. |
| 04/26/2021 | Petition DENIED. |