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United States v. Briggs
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-108 | C.A.A.F. | Oct 13, 2020 | Dec 10, 2020 | 8-0 | Alito | OT 2020 |
Holding: The prosecutions of three military service members for rape were timely under the Uniform Code of Military Justice.
Judgment: Reversed and remanded, 8-0, in an opinion by Justice Alito on December 10, 2020. Justice Gorsuch filed a concurring opinion. Justice Barrett took no part in the consideration or decision of this case.
SCOTUSblog Coverage
- Opinion analysis: No statute of limitations for military rape (Evan Lee, December 11, 2020)
- Argument analysis: Justices don't tip their hand in military rape case (Evan Lee, October 14, 2020)
- Case preview: Determining the statute of limitations for military rape — and possibly a lot more (Evan Lee, October 10, 2020)
- Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
- Court releases October calendar (Amy Howe, July 13, 2020)
- Argument preview: Determining the statute of limitations for military rape - and possibly a lot more (Evan Lee, March 16, 2020)
- Justices postpone March argument session (Amy Howe, March 16, 2020)
- Justices issue March argument calendar (Amy Howe, January 31, 2020)
- Justices grant four new cases (Amy Howe, November 15, 2019)
- Relist Watch (John Elwood, November 14, 2019)
- Petitions of the week (Andrew Hamm, September 13, 2019)
| Date | Proceedings and Orders |
|---|---|
| May 10 2019 | Application (18A1168) to extend the time to file a petition for a writ of certiorari from May 23, 2019 to June 22, 2019, submitted to The Chief Justice. |
| May 14 2019 | Application (18A1168) granted by The Chief Justice extending the time to file until June 22, 2019. |
| Jun 11 2019 | Application (18A1168) to extend further the time from June 22, 2019 to July 22, 2019, submitted to The Chief Justice. |
| Jun 12 2019 | Application (18A1168) granted by The Chief Justice extending the time to file until July 22, 2019. |
| Jul 22 2019 | Petition for a writ of certiorari filed. (Response due August 21, 2019) |
| Aug 14 2019 | Brief of respondent Michael Briggs in opposition filed. |
| Aug 28 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Aug 28 2019 | Reply of petitioner United States of America filed. (Distributed) |
| Sep 19 2019 | Rescheduled. |
| Oct 23 2019 | DISTRIBUTED for Conference of 11/8/2019. |
| Nov 12 2019 | DISTRIBUTED for Conference of 11/15/2019. |
| Nov 15 2019 | Petition GRANTED. The petition for a writ of certiorari in No. 19-184 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED. |
| Nov 15 2019 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-108. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-108. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Nov 25 2019 | Motion for an extension of time to file the briefs on the merits filed. VIDED. |
| Nov 27 2019 | Motion to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 6, 2020. The time to file respondents' briefs on the merits is extended to and including February 12, 2020. |
| Dec 17 2019 | Blanket Consent filed by Respondent, Michael J. D. Briggs. VIDED |
| Jan 02 2020 | Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED. |
| Jan 06 2020 | Brief of petitioner United States filed. VIDED. |
| Jan 13 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED. |
| Jan 13 2020 | Brief amici curiae of Members of Congress filed. VIDED. |
| Jan 13 2020 | Brief amici curiae of Harmony Allen and Protect Our Defenders filed. VIDED. |
| Jan 31 2020 | SET FOR ARGUMENT on Monday, March 23, 2020. VIDED |
| Feb 12 2020 | Brief of respondents filed. VIDED. |
| Feb 19 2020 | Record requested from the U.S.C.A. Armed Forces. |
| Feb 19 2020 | CIRCULATED |
| Feb 19 2020 | Brief amicus curiae of U.S. Army Defense Appellate Division filed. VIDED. (Distributed) |
| Feb 19 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed) |
| Feb 20 2020 | Letter from respondents, regarding relevance of 2003 amendment to Article 43(b) of the Uniform Code of Military Justice, filed. VIDED. (Distributed) |
| Feb 26 2020 | Record received from the USCA for the Armed Forces (1 box). This record contains sealed material. |
| Feb 28 2020 | Record received from the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes). |
| Mar 13 2020 | Reply of petitioner United States filed. VIDED. (Distributed) |
| Mar 16 2020 | ORAL ARGUMENT POSTPONED. VIDED. |
| Apr 13 2020 | Argument to be rescheduled for the October Term 2020. VIDED. |
| Jul 13 2020 | SET FOR ARGUMENT on Tuesday, October 13, 2020. VIDED. |
| Oct 13 2020 | Argued. For petitioner: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D.C. For respondents: Stephen I. Vladeck, Austin, Tex. VIDED. |
| Oct 13 2020 | Letter of October 13, 2020 from the Acting Solicitor General filed. VIDED. (Distributed) |
| Dec 10 2020 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the cases. Gorsuch, J., filed a concurring opinion. VIDED. |
| Jan 11 2021 | JUDGMENT ISSUED. |
| Jul 26 2021 | Record returned to the USCA for the Armed Forces (1 box). |
| Jul 26 2021 | Record returned to the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes). |
