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James W. Richards, IV v. Barbara M. Barrett, Secretary of the Air Force, et al.

Paid petition · United States Court of Appeals for the Armed Forces, No. 20-0212/AF · judgment May 6, 2020


Certiorari denied · November 9, 2020
Pre-decision estimate: 6% cert probability (95% interval 2%–19%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for the Court of Appeals for the Armed Forces below and a circuit split argued in the petition.

Question presented

Should military-specific collateral claims raised by military prisoners still subject to military law be adjudicated in the specialized, experienced Article I military courts, or in the Article III federal courts, which are ill-equipped to determine the impact of their decisions on the military and are less likely to establish uniformity on technical provisions of military law?

Counsel of record

For petitioner
Alexander Andres Navarro
United States Air Force -AFLOA/JAJA (Appellate Def

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 9, 2020 · Certiorari denied

Proceedings

  1. Nov 09 2020
    Petition DENIED.
  2. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  3. Oct 19 2020
    Waiver of right of respondents Barrett, Barbara, et al. to respond filed.
  4. Oct 02 2020
    Petition for a writ of certiorari filed. (Response due November 9, 2020)