Cox v. United States

Consolidated with:

Docket No.
Op. Below
Argument
Jan 16, 2018
Opinion
TBD
Vote
TBD
Author
TBD
Term

Issues: (1) Whether the U.S. Court of Appeals for the Armed Forces erred in holding that petitioners' claims—which asserted that a judge's service on the U.S. Court of Military Commission Review disqualifies him or her from continuing to serve on either the Army or Air Force Court of Criminal Appeals under 10 U.S.C. § 973(b)(2)(A)(ii)—were moot; (2) whether these judges' service on the U.S. Court of Military Commission Review disqualifies them from continuing to serve on the Army or Air Force Court of Criminal Appeals under 10 U.S.C. § 973(b)(2)(A)(ii); (3) whether the judges' simultaneous service on both the U.S Court of Military Commission Review and the Army or Air Force Court of Criminal Appeals violates the appointments clause; and (4) whether the Supreme Court has jurisdiction to review this case and Dalmazzi v. United States under 28 U.S.C. § 1259(3).

SCOTUSblog Coverage

DateProceedings and Orders
Feb 21 2017Petition for a writ of certiorari filed. (Response due March 27, 2017)
Mar 22 2017Order extending time to file response to petition to and including April 26, 2017.
Apr 19 2017Order further extending time to file response to petition to and including May 15, 2017.
May 15 2017Brief of respondent United States in opposition filed.
May 19 2017Reply of petitioner Laith G. Cox filed. VIDED.
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 16-1423 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 17 2017SET FOR ARGUMENT ON Tuesday, January 16, 2018

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