| 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 | |
| Date | 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 DocumentProof 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 RequestProof 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) |
| PetitionProof of Service | |
| Aug 14 2019 | Brief of respondent Michael Briggs in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 28 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Aug 28 2019 | Reply of petitioner United States of America filed. (Distributed) |
| Main DocumentProof of Service | |
| 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. |
| Main Document | |
| 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 |
| Blanket Consent | |
| Jan 02 2020 | Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED. |
| Proof of ServiceMain Document | |
| Jan 06 2020 | Brief of petitioner United States filed. VIDED. |
| Certificate of Word CountMain Document | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 13 2020 | Brief amici curiae of Harmony Allen and Protect Our Defenders filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 31 2020 | SET FOR ARGUMENT on Monday, March 23, 2020. VIDED |
| Feb 12 2020 | Brief of respondents filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 19 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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) |
| Main Document | |
| 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) |
| Main DocumentCertificate of Word Count | |
| 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) |
| Main Document | |
| 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). |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Jeffrey B. Wall Counsel of Record | Sullivan & Cromwell LLP 1700 New York Ave NW Suite 700 Washington, DC 20006 wallj@sullcrom.com | (202) 956-7500 |
| Party name: United States | ||
| Attorneys for Respondent | ||
| Stephen I. Vladeck Counsel of Record | 727 East Dean Keeton Street Austin, TX 78705 svladeck@law.utexas.edu | 5124759198 |
| Party name: Michael J. D. Briggs, et al. | ||
| Other | ||
| Peter Jeffrey Coote Counsel of Record | Pennoni Associates Inc. 1900 Market Street Third Floor Philadelphia, PA 19103 pcoote@pennoni.com | 2152547857 |
| Party name: Harmony Allen and Protect Our Defenders | ||
| Jeffrey T. Green Counsel of Record | Sidley Austin 1501 K Street, NW Washington, DC 20005 jgreen@sidley.com | 202 736 8291 |
| Party name: National Association of Criminal Defense Lawyers | ||
| Allyson Ho Counsel of Record | Gibson, Dunn & Crutcher LLP 2001 Ross Avenue Suite 2100 Dallas, TX 75201 aho@gibsondunn.com | 214-698-3233 |
| Party name: Members of Congress | ||
| Elizabeth Gabrielle Marotta Counsel of Record | U.S. Army Defense Appellate Division 9275 Gunston Road Fort Belvoir, VA 22060-5546 elizabeth.g.marotta.mil@mail.mil | 703-693-0647 |
| Party name: U.S. Army Defense Appellate Division | ||