Ortiz v. United States

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-1423	C.A.A.F.	Jan 16, 2018 Tr.Aud.	Jun 22, 2018	7-2	Kagan	OT 2017

Holding: Military judge Colonel Martin Mitchell’s simultaneous service on an Air Force Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U. S. C. §973(b)(2)(A) nor the appointments clause of the Constitution.

Judgment: Affirmed, 7-2, in an opinion by Justice Kagan on June 22, 2018. Justice Thomas filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justice Gorsuch joined.

SCOTUSblog Coverage

The Annual: OT2017 in Review (First Mondays)
Opinion analysis: Court rejects “dual-officeholding” challenge to military conviction (Amy Howe)
A "view" from the courtroom: "Some good and hard thinking on all sides" (Mark Walsh)
Argument analysis: Justices debate the dual-officeholding ban and jurisdiction over military courts (Amy Howe)
Argument preview: Justices to consider role of military judges and the dual-officeholding ban (Amy Howe)
Justices issue orders from "long conference" (UPDATED) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
Apr 21 2017	Application (16A1034) to extend the time to file a petition for a writ of certiorari from May 10, 2017 to June 9, 2017, submitted to The Chief Justice.
Apr 26 2017	Application (16A1034) granted by The Chief Justice extending the time to file until June 9, 2017.
May 19 2017	Petition for a writ of certiorari filed. (Response due June 29, 2017)
Jun 26 2017	Order extending time to file response to petition to and including July 31, 2017.
Jul 27 2017	Order further extending time to file response to petition to and including August 18, 2017.
Aug 18 2017	Brief of respondent United States in opposition filed.
Aug 30 2017	Reply of petitioner Keanu D. W. Ortiz filed.
Sep 06 2017	DISTRIBUTED for Conference of 9/25/2017.
Sep 28 2017	Petition GRANTED, and the petitions for writs of certiorari in Nos. 16-961 and 16-1017 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 2017	Joint appendix filed. VIDED. (Statement of costs filed)
Nov 07 2017	Brief of petitioners filed. VIDED.
Nov 14 2017	Brief amicus curiae of Aditya Bamzai in support of neither party filed. VIDED.
Nov 17 2017	SET FOR ARGUMENT ON Tuesday, January 16, 2018. VIDED
Nov 22 2017	CIRCULATED.
Dec 07 2017	Brief of respondent United States filed. VIDED.
Dec 14 2017	Motion of Aditya Bamzai for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 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
Jan 05 2018	Reply of petitioner Keanu D. W. Ortiz filed. VIDED. (Distributed)
Jan 09 2018	Record received from U.S.C.A. for the Armed Forces. (1 Box)
Jan 10 2018	Letter of respondent United States filed. VIDED. (Distributed)
Jan 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.
Jan 16 2018	Record received from the U.S.C.A. for the Armed Forces. (1 Box)
Jun 22 2018	Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
Jul 24 2018	JUDGMENT ISSUED.
Aug 07 2018	The records received on January 9 and 16, 2018 from the U.S.C.A. for the Armed Forces has been returned.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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Ortiz v. United States

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