Cox v. United States

Docket Number: 16-1017

Additional Docket Numbers: 16-961

Manner of Jurisdiction: Writ of certiorari

Petitioner: Laith G. Cox

Respondent: United States

Dates

Granted: September 28, 2017

Argued: January 16, 2018

Decided: June 22, 2018

Lower Court: United States Court of Appeals for the Armed Forces

Advocates

Stephen C. Vladeck, for petitioners

Brian H. Fletcher, Assistant to the Solicitor General, for respondent

Aditya Bamzai, as amicus curiae, in support of neither party

Facts of the Case

This case was consolidated for argument with Dalmazzi v. United States (16-961) and Ortiz v. United States (16-1423).

Question

1. Does the Court have jurisdiction to review two of the consolidated cases under 28 U.S.C. § 1259(3)?
2. Does Judge Martin T. Mitchell’s simultaneous service on the US Court of Military Commission Review (CMCR) and the US Air Force Court of Criminal Appeals (AFCCA) violate the Appointments Clause?
3. Does Judge Mitchell’s service on the CMCR disqualify him from continuing to serve on the AFCCA?
4. Did the US Court of Appeals for the Armed Forces err in holding Petitioner’s claims moot?

Conclusion

In a per curiam opinion, the Court dismissed the writ of certiorari as improvidently granted in this case and in the consolidated case Dalmazzi v. United States (16-961). The Court reached the merits and issued a decision in the third consolidated case only, Ortiz v. United States (16-1423).