Thursday, August 5, 2021

Tough luck for petitioners

Once again, the U.S. Court of Appeals for the Armed Forces is apparently going to sit with four judges, rather than filling itself out with a senior judge, when ruling on petitions for grant of review. The Court's unfortunate August 2, 2021 Order can be found here

Good luck, petitioners: you now need 50% of the judges to grant review; until July 31, all you needed was 40%. And of course, without a grant of review, the path to the Supreme Court remains barred under current law.

This unfair state of affairs will presumably continue until the President nominates someone to succeed Chief (now Senior) Judge Scott W. Stucky and that person is confirmed by the Senate. Any guesses as to how long that will take?

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