Ortiz v. United States
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-1423 | Jan 16, 2018 | 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, 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 |
|---|---|
| 04/21/2017 | 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. |
| 04/26/2017 | Application (16A1034) granted by The Chief Justice extending the time to file until June 9, 2017. |
| 05/19/2017 | Petition for a writ of certiorari filed. (Response due June 29, 2017) |
| 06/26/2017 | Order extending time to file response to petition to and including July 31, 2017. |
| 07/27/2017 | Order further extending time to file response to petition to and including August 18, 2017. |
| 08/18/2017 | Brief of respondent United States in opposition filed. |
| 08/30/2017 | Reply of petitioner Keanu D. W. Ortiz filed. |
| 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 16-1017 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). |
| 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. |
| 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 Keanu D. W. Ortiz filed. VIDED. (Distributed) |
| 01/09/2018 | Record received from U.S.C.A. for the Armed Forces. (1 Box) |
| 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. |
| 01/16/2018 | Record received from the U.S.C.A. for the Armed Forces. (1 Box) |
| 06/22/2018 | 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. |
| 07/24/2018 | JUDGMENT ISSUED. |
| 08/07/2018 | The records received on January 9 and 16, 2018 from the U.S.C.A. for the Armed Forces has been returned. |