Thursday, January 26, 2023

CAAF 4-judge-bench denials of petitions for review (Aug. 1, 2021--Jan. 2, 2023)

The 5-member U.S. Court of Appeals for the Armed Forces had a vacancy from August 1, 2021 to January 2, 2023, Judge M. Tia Johnson having been sworn in the following day to fill the seat previously held by now-Senior Judge Scott W. Stucky. The Daily Journal does not reveal whether Judge Johnson voted on the one petition for grant of review that the court denied the day she was sworn in, or the next one it denied (on January 12, 2023). In fact, except in the very rare case in which there is a dissent from a denial, the Daily Journal is completely silent as to which judges have functioned on petitions.

During the 17-month hiatus, the court denied 336 petitions for grant of review, thereby depriving each of those petitioners of the right to seek certiorari from the Supreme Court of the United States. 

Although several of the court's numerous senior judges served during the 2021-23 hiatus for the hearing and decision of granted cases, only the four judges in regular active service functioned on petitions. The effect was to raise from 40% to 50% the fraction of the court needed for a grant of review.

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