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Howell v. Howell

Docket No.15-1031
Op. BelowAriz.
ArgumentMar 20, 2017

Holding

A state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse's portion of the veteran's retirement pay caused by the veteran's waiver of retirement pay to receive service-related disability benefits.

Judgment

Reversed and remanded, 8-0, in an opinion by Stephen G. Breyer on May 15, 2017. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

Feb 16, 2016
Petition for a writ of certiorari filed. (Response due March 17, 2016)
Mar 11, 2016
Brief of respondent Sandra Howell in opposition filed.
Mar 28, 2016
Reply of petitioner John Howell filed.
Mar 30, 2016
DISTRIBUTED for Conference of April 15, 2016.
Apr 18, 2016
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 17, 2016
Brief amicus curiae of United States filed.
Nov 1, 2016
Supplemental brief of petitioner John Howell filed.
Nov 2, 2016
DISTRIBUTED for Conference of November 22, 2016.
Nov 28, 2016
DISTRIBUTED for Conference of December 2, 2016.
Dec 2, 2016
Petition GRANTED.
Dec 22, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Dec 22, 2016
Motion to dispense with printing the joint appendix filed by petitioner John Howell.
Dec 29, 2016
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent.
Jan 9, 2017
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 17, 2017
Brief of petitioner John Howell filed.
Jan 24, 2017
Brief amici curiae of Veterans of Foreign Wars, and Operation Firing for Effect filed.
Feb 3, 2017
SET FOR ARGUMENT on Monday, March 20, 2017
Feb 3, 2017
Record requested from the Supreme Court of Arizona.
Feb 16, 2017
Brief of respondent Sandra Howell filed.
Feb 21, 2017
Record received from the Supreme Court of Arizona. The record is electronic.
Feb 22, 2017
CIRCULATED.
Feb 23, 2017
Brief amicus curiae of United States filed. (Distributed)
Feb 23, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 6, 2017
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 13, 2017
Reply of petitioner John Howell filed. (Distributed)
Mar 20, 2017
Argued. For petitioner: Adam G. Unikowsky, Washington, D. C. For respondent: Charles W. Wirken, Phoenix, Ariz.; and Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 15, 2017
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., took no part in the consideration or decision of the case.
Jun 19, 2017
JUDGMENT ISSUED.
Jun 19, 2017
MANDATE ISSUED

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