Thursday, September 28, 2017

Rare grant of certiorari at the U.S. Supreme Court

The Supreme Court of the United States today granted three petitions for writs of certiorari in cases decided by the U.S. Court of Appeals for the Armed Forces. At issue are the effect of a 19th century statute that forbids dual office-holding (here, concurrent service on the U.S. Court of Military Commission Review and a service Court of Criminal Appeals), the impact of the Appointments Clause of the Constitution, a claim of mootness, and the Supreme Court's own appellate jurisdiction where the Court of Appeals, having granted discretionary review, vacates that action. (Full disclosure: the editor is among the petitioners' counsel.)

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