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
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
May 10 2019Application (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 2019Application (18A1168) granted by The Chief Justice extending the time to file until June 22, 2019.
Jun 11 2019Application (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 2019Application (18A1168) granted by The Chief Justice extending the time to file until July 22, 2019.
Jul 22 2019Petition for a writ of certiorari filed. (Response due August 21, 2019)
PetitionProof of Service
Aug 14 2019Brief of respondent Michael Briggs in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Aug 28 2019DISTRIBUTED for Conference of 10/1/2019.
Aug 28 2019Reply of petitioner United States of America filed. (Distributed)
Main DocumentProof of Service
Sep 19 2019Rescheduled.
Oct 23 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 15 2019Petition 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 2019Because 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 2019Motion for an extension of time to file the briefs on the merits filed. VIDED.
Main Document
Nov 27 2019Motion 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 2019Blanket Consent filed by Respondent, Michael J. D. Briggs. VIDED
Blanket Consent
Jan 02 2020Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED.
Proof of ServiceMain Document
Jan 06 2020Brief of petitioner United States filed. VIDED.
Certificate of Word CountMain Document
Jan 13 2020Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED.
Jan 13 2020Brief amici curiae of Members of Congress filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 13 2020Brief amici curiae of Harmony Allen and Protect Our Defenders filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jan 31 2020SET FOR ARGUMENT on Monday, March 23, 2020. VIDED
Feb 12 2020Brief of respondents filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Feb 19 2020Record requested from the U.S.C.A. Armed Forces.
Feb 19 2020CIRCULATED
Feb 19 2020Brief amicus curiae of U.S. Army Defense Appellate Division filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 19 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 20 2020Letter 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 2020Record received from the USCA for the Armed Forces (1 box). This record contains sealed material.
Feb 28 2020Record received from the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).
Mar 13 2020Reply of petitioner United States filed. VIDED. (Distributed)
Main DocumentCertificate of Word Count
Mar 16 2020ORAL ARGUMENT POSTPONED. VIDED.
Apr 13 2020Argument to be rescheduled for the October Term 2020. VIDED.
Jul 13 2020SET FOR ARGUMENT on Tuesday, October 13, 2020. VIDED.
Oct 13 2020Argued. For petitioner: Jeffrey B. Wall, Acting Solicitor General, Department of Justice, Washington, D.C. For respondents: Stephen I. Vladeck, Austin, Tex. VIDED.
Oct 13 2020Letter of October 13, 2020 from the Acting Solicitor General filed. VIDED. (Distributed)
Main Document
Dec 10 2020Judgment 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 2021JUDGMENT ISSUED.
Jul 26 2021Record returned to the USCA for the Armed Forces (1 box).
Jul 26 2021Record returned to the Department of the Air Force Headquarters Air Force Legal Operations Agency (3 boxes).

NAMEADDRESSPHONE
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