This week at SCOTUS: The Solicitor General applied for and received an extension of time to file a cert. petition in United States v. Collins, No. 18A1257. CAAF summarily affirmed the Air Force CCA’s decision in Collins (noted here) in light of Briggs, and then it granted Collins a writ of habeas corpus (noted here).
I’m not aware of any other military justice developments at the Supreme Court, where I’m tracking four cases:
- Cooper v. United States, No. 18-1423 (pend. conf. on Jun. 13)
- United States v. Briggs, No. 18A1168 (2nd ext. of time to file pet. granted to Jul. 22)
- Richards v. James, et al., No. 18A1205 (ext. of time to file pet. granted to Jul. 9)
- United States v. Collins, No. 18A1257, (ext. of time to file pet. granted to Jul 10)
This week at CAAF: CAAF has completed its oral argument schedule for the current term. The first argument of the 2019 term is scheduled for October 16, 2019.
This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Thursday, June 27, 2019, at 10 a.m.:
United States v. Bergdahl, No. 20170582
I. Whether the President can unlawfully influence—within the meaning of Rule for Courts-Martial 104—a court-martial the President did not personally convene. The parties should be prepared to discuss the references to apparent unlawful influence by the Secretary of the Air Force in United States v. Boyce, 76 M.J. 242 (C.A.A.F. 2017).
II. If appellant has offered at least some evidence of unlawful influence, has the government demonstrated—beyond a reasonable doubt—that both (a) the appearance of unlawful influence did not place an intolerable strain on the public’s perception of the military justice system and (b) an objective, disinterested observer, fully informed of all the facts and circumstances, would not harbor a significant doubt about the fairness of the Convening Authority’s Action? If so, how?
III. If the Convening Authority’s Action was not free from unlawful influence, what—if any—remedy is required?
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on August 8, 2019.
This week at the CGCCA: The Coast Guard CCA’s website shows no scheduled oral arguments.
This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.