Published on: Thursday, September 28, 2017

This morning, the United States Supreme Court granted certiorari in Ortiz v. United States, No. 16-1423, to decide “(1) Whether Judge Martin T. Mitchell's service on the U.S. Court of Military Commission Review disqualified him from continuing to serve on the U.S. Air Force Court of Criminal Appeals under 10 U.S.C. § 973(b)(2)(A)(ii); (2) whether Judge Mitchell's simultaneous service on both the CMCR and the AFCCA violated the Appointments Clause.” 

The Court also granted certiorari in Dalmazzi v. United States, No. 16-961, and Cox v. United States, No. 16-1017, and consolidated these cases for oral argument with Ortiz.  In addition to the questions presented by the petitions, the Court ordered briefing on whether it “has jurisdiction to review the cases in [Dalmazzi and Cox] under 28 U.S.C. § 1259(3).”

For a copy of the Court’s Order, click here.