Supreme Court of the United States · Official docket →
E. V. v. Eugene H. Robinson, Jr., Lieutenant Colonel, U.S. Marine Corps, in His Capacity as Military Judge
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16975 · judgment October 17, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Congress gave certain rights to victims of military sexual assault. 10 U.S.C. § 806b, Rights of Victims (“Article 6b”). Congress and the President gave victims other rights, including the right to privileged communications with psychotherapists. Article I, Section 8, Clause 9 of the Constitution gives Congress the power “To constitute Tribunals inferior to the supreme Court” (the “Inferior Tribunals Clause”). Congress constituted military trial and appellate tribunals by enacting the Uniform Code of Military Justice. 10 U.S.C. § 801 et seq. (“UCMJ”). In violation of Article 6b and the psychotherapist privilege, the Respondent military officer ordered the seizure and distribution of the privileged psychotherapy records of the Petitioner, a military sexual assault victim. The military appellate tribunals sustained the Respondent’s orders. Petitioner sought judicial review in federal courts established under Article III of the Constitution. Below, the Ninth Circuit held that the sovereign immunity canon of construction precluded judicial review in federal courts. The questions presented are:
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Whether Congress intended to bar judicial review of a victim’s rights under Article 6b; and
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If Congress intended to bar judicial review, whether such bar violates the Constitution’s Inferior Tribunals Clause.
Counsel of record
For petitioner
Peter Jeffrey Coote
Pennoni Associates Inc.
For respondent
Noel John Francisco
Jones Day
Proceedings
- Nov 12 2019Petition DENIED.
- Oct 23 2019DISTRIBUTED for Conference of 11/8/2019.
- Oct 22 2019Reply of petitioner E. V. filed. (Distributed)
- Oct 04 2019Brief of respondent Robinson, Eugene H. in opposition filed.
- Aug 30 2019Motion to extend the time to file a response is granted and the time is further extended to and including October 4, 2019.
- Aug 29 2019Motion to extend the time to file a response from September 5, 2019 to October 4, 2019, submitted to The Clerk.
- Jul 30 2019Motion to extend the time to file a response is granted and the time is further extended to and including September 5, 2019.
- Jul 29 2019Motion to extend the time to file a response from August 5, 2019 to September 5, 2019, submitted to The Clerk.
- Jun 14 2019Motion to extend the time to file a response is granted and the time is further extended to and including August 5, 2019.
- Jun 13 2019Motion to extend the time to file a response from July 5, 2019 to August 5, 2019, submitted to The Clerk.
- May 31 2019Motion to extend the time to file a response is granted and the time is extended to and including July 5, 2019.
- May 30 2019Motion to extend the time to file a response from June 5, 2019 to July 5, 2019, submitted to The Clerk.
- May 02 2019Petition for a writ of certiorari filed. (Response due June 5, 2019)
- Mar 26 2019Application (18A965) granted by Justice Kagan extending the time to file until May 2, 2019.
- Mar 19 2019Application (18A965) to extend the time to file a petition for a writ of certiorari from April 2, 2019 to May 2, 2019, submitted to Justice Kagan.