Supreme Court of the United States · Official docket →
Jiahao Kuang, et al. v. Department of Defense, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-17381 · judgment July 2, 2019
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
On October 13, 2017, the U.S. Department of Defense departed from its longstanding practice and adopted a new policy requiring U.S. lawful permanent residents who enlist in the military—but not U.S. citizens—to await the results of certain background checks before beginning basic training. Petitioners challenged that policy under the Administrative Procedure Act, and the district court granted a preliminary injunction. The Ninth Circuit reversed— not on the merits, but because it concluded that the Department of Defense’s policy was immune from judicial review. The Ninth Circuit did not rely on any constitutional or statutory provision limiting such review. Instead, the panel applied a judge-made test adopted in Mindes v. Seamen, to determine “when internal military affairs should [and should not] be subjected to court review.” 453 F.2d 197, 199 (5th Cir. 1971). The questions presented are:
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Whether courts can evade their constitutional and statutory duty to review military decisions under the so-called “Mindes test,” or whether claims seeking injunctive relief against the military are reviewable so long as they do not present a nonjusticiable political question or otherwise fall outside the court’s subject-matter jurisdiction.
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Whether a DoD policy that requires all legal permanent resident enlistees—but not their U.S.- citizen counterparts—to suffer unjustified delays before beginning their military careers is judicially reviewable.
Counsel of record
For petitioner
Melissa Arbus Sherry
Latham & Watkins LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Proceedings
- Apr 26 2021Petition DENIED.
- Apr 07 2021DISTRIBUTED for Conference of 4/23/2021.
- Apr 06 2021Reply of petitioners Jiahao Kuang, et al. filed. (Distributed)
- Mar 19 2021Brief of respondents U.S. Department of Defense, et al. in opposition filed.
- Feb 19 2021Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2021.
- Feb 18 2021Motion to extend the time to file a response from February 19, 2021 to March 19, 2021, submitted to The Clerk.
- Dec 11 2020Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
- Dec 09 2020Motion to extend the time to file a response from December 15, 2020 to February 19, 2021, submitted to The Clerk.
- Oct 08 2020Motion to extend the time to file a response is granted and the time is further extended to and including December 15, 2020.
- Oct 07 2020Motion to extend the time to file a response from October 16, 2020 to December 15, 2020, submitted to The Clerk.
- Jul 29 2020Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2020.
- Jul 28 2020Motion to extend the time to file a response from August 14, 2020 to October 16, 2020, submitted to The Clerk.
- Jun 01 2020Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2020.
- May 29 2020Motion to extend the time to file a response from June 3, 2020 to August 14, 2020, submitted to The Clerk.
- May 04 2020Brief amici curiae of Modern Military Association of America, et al. filed.
- Apr 20 2020Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
- Apr 17 2020Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk.
- Mar 30 2020Petition for a writ of certiorari filed. (Response due May 4, 2020)
- Jan 21 2020Application (19A808) granted by Justice Kagan extending the time to file until March 30, 2020.
- Jan 17 2020Application (19A808) to extend the time to file a petition for a writ of certiorari from January 30, 2020 to March 30, 2020, submitted to Justice Kagan.