Abdirahman v. United States

Petition for rehearing granted, judgment vacated and case remanded for further consideration in light of United States v. Mangahas on August 6, 2018.
Docket No. Op. Below Argument Opinion Vote Author Term
17-243 C.A.A.F. N/A N/A N/A N/A OT 2017

Issues: (1) Whether 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), which requires specific authorization from Congress before active-duty-military officers may hold a “civil office,” including positions that require “an appointment by the President by and with the advice and consent of the Senate”; and (2) whether a judge's simultaneous service on both the U.S. Court of Military Commission Review and either the Army or Air Force Court of Criminal Appeals violates the appointments clause.

DateProceedings and Orders (key to color coding)
Jul 31 2017Petition for a writ of certiorari filed. (Response due September 18, 2017)
Jul 31 2017Appendix of Liban H. Abdirahman filed. (Volumes 1 & 2)
Sep 18 2017Brief of respondent United States in opposition filed.
Sep 22 2017Letter dated September 20, 2017, received from counsel for petitioner waiving the 14-day waiting period for the filing of a reply under Rule 15.5.
Sep 27 2017DISTRIBUTED for Conference of 10/13/2017.
Mar 19 2018Supplemental brief of petitioner Liban H. Abdirahman filed.
Mar 29 2018Supplemental brief of respondent United States filed.
Jun 27 2018DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018Petition DENIED.
Jul 09 2018Petition for Rehearing filed.
Jul 12 2018DISTRIBUTED.
Aug 06 2018The petition for rehearing is granted. The order entered June 28, 2018, denying the petition for a writ of certiorari is vacated as to petitioner Michael Briggs. The petition for a writ of certiorari as to Michael Briggs is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Armed Forces for further consideration in light of United States v. Mangahas, 77 M. J. 220 (2018).
Sep 07 2018JUDGMENT ISSUED.
 
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