United States v. Briggs

Consolidated with:

United States v. Collins

Docket No.	Argument	Opinion	Vote	Author	Term
19-108	Oct 13, 2020	Dec 10, 2020	8-0	Alito	OT 2020

Holding: The prosecutions of three military service members for rape were timely under the Uniform Code of Military Justice.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Alito on December 10, 2020. Justice Gorsuch filed a concurring opinion. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

Opinion analysis: No statute of limitations for military rape (Evan Lee, December 11, 2020)
Argument analysis: Justices don't tip their hand in military rape case (Evan Lee, October 14, 2020)
Case preview: Determining the statute of limitations for military rape and possibly a lot more (Evan Lee, October 10, 2020)
Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
Court releases October calendar (Amy Howe, July 13, 2020)
Justices postpone March argument session (Amy Howe, March 16, 2020)
Argument preview: Determining the statute of limitations for military rape - and possibly a lot more (Evan Lee, March 16, 2020)
Justices issue March argument calendar (Amy Howe, January 31, 2020)
Justices grant four new cases (Amy Howe, November 15, 2019)
Relist Watch (John Elwood, November 14, 2019)
Petitions of the week (Andrew Hamm, September 13, 2019)

Date	Proceedings and Orders (key to color coding)
05/10/2019	Application (18A1168) to extend the time to file a petition for a writ of certiorari from May 23, 2019 to June 22, 2019, submitted to The Chief Justice.
05/14/2019	Application (18A1168) granted by The Chief Justice extending the time to file until June 22, 2019.
06/11/2019	Application (18A1168) to extend further the time from June 22, 2019 to July 22, 2019, submitted to The Chief Justice.
06/12/2019	Application (18A1168) granted by The Chief Justice extending the time to file until July 22, 2019.
07/22/2019	Petition for a writ of certiorari filed. (Response due August 21, 2019)
08/14/2019	Brief of respondent Michael Briggs in opposition filed.
08/28/2019	DISTRIBUTED for Conference of 10/1/2019.
08/28/2019	Reply of petitioner United States of America filed. (Distributed)
09/19/2019	Rescheduled.
10/23/2019	DISTRIBUTED for Conference of 11/8/2019.
11/12/2019	DISTRIBUTED for Conference of 11/15/2019.
11/15/2019	Petition GRANTED. The petition for a writ of certiorari in No. 19-184 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED.
11/15/2019	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-108. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-108. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
11/25/2019	Motion for an extension of time to file the briefs on the merits filed. VIDED.
11/27/2019	Motion to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 6, 2020. The time to file respondents' briefs on the merits is extended to and including February 12, 2020.
12/17/2019	Blanket Consent filed by Respondent, Michael J. D. Briggs. VIDED
01/02/2020	Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED.
01/06/2020	Brief of petitioner United States filed. VIDED.
01/13/2020	Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED.
01/13/2020	Brief amici curiae of Members of Congress filed. VIDED.
01/13/2020	Brief amici curiae of Harmony Allen and Protect Our Defenders filed. VIDED.
01/31/2020	SET FOR ARGUMENT on Monday, March 23, 2020. VIDED
02/12/2020	Brief of respondents filed. VIDED.
02/19/2020	Record requested from the U.S.C.A. Armed Forces.
02/19/2020	CIRCULATED
02/19/2020	Brief amicus curiae of U.S. Army Defense Appellate Division filed. VIDED. (Distributed)
02/19/2020	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)
02/20/2020	Letter from respondents, regarding relevance of 2003 amendment to Article 43(b) of the Uniform Code of Military Justice, filed. VIDED. (Distributed)
02/26/2020	Record received from the USCA for the Armed Forces (1 box). This record contains sealed material.
02/28/2020	Record received from the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).
03/13/2020	Reply of petitioner United States filed. VIDED. (Distributed)
03/16/2020	ORAL ARGUMENT POSTPONED. VIDED.
04/13/2020	Argument to be rescheduled for the October Term 2020. VIDED.
07/13/2020	SET FOR ARGUMENT on Tuesday, October 13, 2020. VIDED.
10/13/2020	Argued. For petitioner: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D.C. For respondents: Stephen I. Vladeck, Austin, Tex. VIDED.
10/13/2020	Letter of October 13, 2020 from the Acting Solicitor General filed. VIDED. (Distributed)
12/10/2020	Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which all other Members joined, except Barrett, J., who took no part in the consideration or decision of the cases. Gorsuch, J., filed a concurring opinion. VIDED.
01/11/2021	JUDGMENT ISSUED.
07/26/2021	Record returned to the USCA for the Armed Forces (1 box).
07/26/2021	Record returned to the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).