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.
Issue: (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.
| Date | Proceedings and Orders |
|---|---|
| 07/31/2017 | Petition for a writ of certiorari filed. (Response due September 18, 2017) |
| 07/31/2017 | Appendix of Liban H. Abdirahman filed. (Volumes 1 & 2) |
| 09/18/2017 | Brief of respondent United States in opposition filed. |
| 09/22/2017 | Letter 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. |
| 09/27/2017 | DISTRIBUTED for Conference of 10/13/2017. |
| 03/19/2018 | Supplemental brief of petitioner Liban H. Abdirahman filed. |
| 03/29/2018 | Supplemental brief of respondent United States filed. |
| 06/27/2018 | DISTRIBUTED for Conference of 6/27/2018. |
| 06/28/2018 | Petition DENIED. |
| 07/09/2018 | Petition for Rehearing filed. |
| 07/12/2018 | DISTRIBUTED. |
| 08/06/2018 | The 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). |
| 09/07/2018 | JUDGMENT ISSUED. |