No. 19-108
 
Title: United States, Petitioner
v.
Michael J. D. Briggs
Docketed: July 22, 2019
Linked with: 18A1168
Lower Ct: United States Court of Appeals for the Armed Forces
   Case Numbers: (16-0711)
   Decision Date: February 22, 2019
Questions Presented
 
Proceedings and Orders
May 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.
Main Document Proof of Service
May 14 2019 Application (18A1168) granted by The Chief Justice extending the time to file until June 22, 2019.
Jun 11 2019 Application (18A1168) to extend further the time from June 22, 2019 to July 22, 2019, submitted to The Chief Justice.
Written Request Proof of Service
Jun 12 2019 Application (18A1168) granted by The Chief Justice extending the time to file until July 22, 2019.
Jul 22 2019 Petition for a writ of certiorari filed. (Response due August 21, 2019)
Aug 14 2019 Brief of respondent Michael Briggs in opposition filed.
Aug 28 2019 DISTRIBUTED for Conference of 10/1/2019.
Aug 28 2019 Reply of petitioner United States of America filed. (Distributed)
Sep 19 2019 Rescheduled.
Oct 23 2019 DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019 DISTRIBUTED for Conference of 11/15/2019.
Nov 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.
Nov 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.”
Nov 25 2019 Motion for an extension of time to file the briefs on the merits filed. VIDED.
Nov 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.
Dec 17 2019 Blanket Consent filed by Respondent, Michael J. D. Briggs. VIDED
Jan 02 2020 Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED.
Jan 06 2020 Brief of petitioner United States filed. VIDED.
Jan 13 2020 Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED.
Jan 13 2020 Brief amici curiae of Members of Congress filed. VIDED.
Jan 13 2020 Brief amici curiae of Harmony Allen and Protect Our Defenders filed. VIDED.
Jan 31 2020 SET FOR ARGUMENT on Monday, March 23, 2020. VIDED
Feb 12 2020 Brief of respondents filed. VIDED.
Feb 19 2020 Record requested from the U.S.C.A. Armed Forces.
Feb 19 2020 CIRCULATED
Feb 19 2020 Brief amicus curiae of U.S. Army Defense Appellate Division filed. VIDED. (Distributed)
Feb 19 2020 Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)
Feb 20 2020 Letter from respondents, regarding relevance of 2003 amendment to Article 43(b) of the Uniform Code of Military Justice, filed. VIDED. (Distributed)
Feb 26 2020 Record received from the USCA for the Armed Forces (1 box). This record contains sealed material.
Feb 28 2020 Record received from the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).
Mar 13 2020 Reply of petitioner United States filed. VIDED. (Distributed)
Mar 16 2020 ORAL ARGUMENT POSTPONED. VIDED.
Apr 13 2020 Argument to be rescheduled for the October Term 2020. VIDED.
Jul 13 2020 SET FOR ARGUMENT on Tuesday, October 13, 2020. VIDED.
Oct 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.
Oct 13 2020 Letter of October 13, 2020 from the Acting Solicitor General filed. VIDED. (Distributed)
Dec 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.
Jan 11 2021 JUDGMENT ISSUED.
Jul 26 2021 Record returned to the USCA for the Armed Forces (1 box).
Jul 26 2021 Record returned to the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).
Attorneys
Attorneys for Petitioners
Jeffrey B. Wall
Counsel of Record
Sullivan & Cromwell LLP
1700 New York Ave NW
Suite 700
Washington, DC 20006

wallj@sullcrom.com
Ph: (202) 956-7660
Party name: United States


Attorneys for Respondents
Stephen I. Vladeck
Counsel of Record

600 New Jersey Avenue, N.W.
Washington, DC 20001

svladeck@gmail.com
Ph: 202-662-9313
Party name: Michael J. D. Briggs, et al.


Other Attorneys
Peter Jeffrey Coote
Pennoni Associates Inc.
1900 Market Street
Third Floor
Philadelphia, PA 19103

PCOOTE@PENNONI.COM
Ph: 2152547857
Party name: Harmony Allen and Protect Our Defenders


Jeffrey T. Green
Green Lauerman Chartered P.L.L.C.
1050 30th Street NW
Washington, DC 20007

jeff@greenlawchartered.com
Ph: 240-286-5686
Party name: National Association of Criminal Defense Lawyers


Allyson Ho
Gibson, Dunn & Crutcher LLP
2001 Ross Avenue
Suite 2100
Dallas, TX 75201

AHO@GIBSONDUNN.COM
Ph: 214.698.3100
Party name: Members of Congress


Elizabeth Gabrielle Marotta
U.S. Army Defense Appellate Division
9275 Gunston Road
Fort Belvoir, VA 22060-5546

elizabeth.g.marotta.mil@mail.mil
Ph: 703-693-0647
Party name: U.S. Army Defense Appellate Division