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Howell v. Howell

Docket No. Op. Below Argument Opinion Vote Author Term
15-1031 Ariz. Mar 20, 2017 May 15, 2017 8-0 Breyer OT 2016

Holding: A state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse's portion of the veteran's retirement pay caused by the veteran's waiver of retirement pay to receive service-related disability benefits.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Breyer on May 15, 2017. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.

DateProceedings and Orders (key to color coding)
Feb 16 2016Petition for a writ of certiorari filed. (Response due March 17, 2016)
Mar 11 2016Brief of respondent Sandra Howell in opposition filed.
Mar 28 2016Reply of petitioner John Howell filed.
Mar 30 2016DISTRIBUTED for Conference of April 15, 2016.
Apr 18 2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 17 2016Brief amicus curiae of United States filed.
Nov 1 2016Supplemental brief of petitioner John Howell filed.
Nov 2 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 28 2016DISTRIBUTED for Conference of December 2, 2016.
Dec 2 2016Petition GRANTED.
Dec 22 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Dec 22 2016Motion to dispense with printing the joint appendix filed by petitioner John Howell.
Dec 29 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent.
Jan 9 2017Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 17 2017Brief of petitioner John Howell filed.
Jan 24 2017Brief amici curiae of Veterans of Foreign Wars, and Operation Firing for Effect filed.
Feb 3 2017SET FOR ARGUMENT on Monday, March 20, 2017
Feb 3 2017Record requested from the Supreme Court of Arizona.
Feb 16 2017Brief of respondent Sandra Howell filed.
Feb 21 2017Record received from the Supreme Court of Arizona. The record is electronic.
Feb 22 2017CIRCULATED.
Feb 23 2017Brief amicus curiae of United States filed. (Distributed)
Feb 23 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 6 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 13 2017Reply of petitioner John Howell filed. (Distributed)
Mar 20 2017Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Charles W. Wirken, Phoenix, Ariz.; and Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 15 2017Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., took no part in the consideration or decision of the case.
Jun 19 2017JUDGMENT ISSUED.
Jun 19 2017MANDATE ISSUED