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Kuang v. Department of Defense

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Petition for certiorari denied on April 26, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
19-1194 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether courts can evade their constitutional and statutory duty to review military decisions under the so-called “Mindes test,” from the U.S. Court of Appeals for the 5th Circuit's decision in Mindes v. Seamen, or whether claims seeking injunctive relief against the military are reviewable so long as they do not present a nonjusticiable political question or otherwise fall outside the court’s subject-matter jurisdiction; and (2) whether a Department of Defense policy that requires all legal permanent resident enlistees—but not their U.S.- citizen counterparts—to suffer unjustified delays before beginning their military careers is judicially reviewable.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 17 2020Application (19A808) to extend the time to file a petition for a writ of certiorari from January 30, 2020 to March 30, 2020, submitted to Justice Kagan.
Jan 21 2020Application (19A808) granted by Justice Kagan extending the time to file until March 30, 2020.
Mar 30 2020Petition for a writ of certiorari filed. (Response due May 4, 2020)
Apr 17 2020Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk.
Apr 20 2020Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
May 04 2020Brief amici curiae of Modern Military Association of America, et al. filed.
May 29 2020Motion to extend the time to file a response from June 3, 2020 to August 14, 2020, submitted to The Clerk.
Jun 01 2020Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2020.
Jul 28 2020Motion to extend the time to file a response from August 14, 2020 to October 16, 2020, submitted to The Clerk.
Jul 29 2020Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2020.
Oct 07 2020Motion to extend the time to file a response from October 16, 2020 to December 15, 2020, submitted to The Clerk.
Oct 08 2020Motion to extend the time to file a response is granted and the time is further extended to and including December 15, 2020.
Dec 09 2020Motion to extend the time to file a response from December 15, 2020 to February 19, 2021, submitted to The Clerk.
Dec 11 2020Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
Feb 18 2021Motion to extend the time to file a response from February 19, 2021 to March 19, 2021, submitted to The Clerk.
Feb 19 2021Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2021.
Mar 19 2021Brief of respondents U.S. Department of Defense, et al. in opposition filed.
Apr 06 2021Reply of petitioners Jiahao Kuang, et al. filed. (Distributed)
Apr 07 2021DISTRIBUTED for Conference of 4/23/2021.
Apr 26 2021Petition DENIED.