Cox v. United States
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-1017 | C.A.A.F. | Jan 16, 2018 | Jun 22, 2018 | N/A | Per Curiam | OT 2017 |
Issue: (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).
Judgment: The writ of certiorari is dismissed as improvidently granted in a per curiam opinion on June 22, 2018.
SCOTUSblog Coverage
- The Annual: OT2017 in Review (First Mondays, July 9, 2018)
- A "view" from the courtroom: "Some good and hard thinking on all sides" (Mark Walsh, June 22, 2018)
- Opinion analysis: Court rejects "dual-officeholding" challenge to military conviction (Amy Howe, June 22, 2018)
- Argument analysis: Justices debate the dual-officeholding ban and jurisdiction over military courts (Amy Howe, January 16, 2018)
- Argument preview: Justices to consider role of military judges and the dual-officeholding ban (Amy Howe, January 9, 2018)
- Justices issue orders from "long conference" (UPDATED) (Amy Howe, September 28, 2017)
| Date | Proceedings and Orders |
|---|---|
| 02/21/2017 | Petition for a writ of certiorari filed. (Response due March 27, 2017) |
| 03/22/2017 | Order extending time to file response to petition to and including April 26, 2017. |
| 04/19/2017 | Order further extending time to file response to petition to and including May 15, 2017. |
| 05/15/2017 | Brief of respondent United States in opposition filed. |
| 05/19/2017 | Reply of petitioner Laith G. Cox filed. VIDED. |
| 09/06/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 09/28/2017 | Petition 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). |
| 11/07/2017 | Joint appendix filed. VIDED. (Statement of costs filed) |
| 11/07/2017 | Brief of petitioners filed. VIDED. |
| 11/14/2017 | Brief amicus curiae of Aditya Bamzai in support of neither party filed. VIDED. |
| 11/17/2017 | SET FOR ARGUMENT ON Tuesday, January 16, 2018. VIDED |
| 11/22/2017 | CIRCULATED. |
| 12/07/2017 | Brief of respondent United States filed. VIDED. |
| 12/14/2017 | Motion of Aditya Bamzai for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| 12/18/2017 | Record requested from the U.S.C.A for the Armed Forces. |
| 01/05/2018 | Motion of Professor Aditya Bamzai for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is divided as follows: 30 minutes for petitioners, 10 minutes for Professor Aditya Bamzai, and 30 minutes for respondent. VIDED |
| 01/05/2018 | Reply of petitioner Laith G.Cox filed. VIDED. (Distributed) |
| 01/08/2018 | Record received from the U.S.C.A. for the Armed Forces. (2 Boxes). Box 2 of 2 is SEALED. |
| 01/10/2018 | Letter of respondent United States filed. VIDED. (Distributed) |
| 01/16/2018 | Argued. For petitioners: Stephen I. Vladeck, Austin, Tex. For Professor Aditya Bamzai as amicus curiae: Aditya Bamzai, Charlottesville, VA. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| 06/22/2018 | Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam. |
| 06/25/2018 | The record from the Department of the Army has been returned. |
| 07/24/2018 | JUDGMENT ISSUED. |