No. 24-386

B. M. v. United States, et al.

Lower Court: Armed Forces
Docketed: 2024-10-07
Status: Denied
Type: Paid
Amici (1)Response WaivedRelisted (3) Experienced Counsel
Tags: article-iii-standing congressional-power court-martial judicial-review military-privilege victim-rights
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-12-13 (distributed 3 times)
Question Presented (AI Summary)

Whether the Court of Appeals for the Armed Forces can prudentially apply Article III standing limits when reviewing a military court-martial case involving a sexual assault victim's privilege

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner, a military sexual assault victim, holds a privilege that was violated in the court-martial of her assailant. Pursuant to its absolute power to make rules governing the military, Congress requires the United States Court of Appeals for the Armed Forces (““CAAF”), an Article I tribunal, to review cases sent to it by a judge advocate general. The Navy Judge Advocate General sent this case to the CAAF to review whether the military judge’s rulings violated Petitioner’s privilege. Holding that Petitioner lacked the standing required in Article III courts, the CAAF refused to review the case. The questions presented are: 1. Whether the CAAF may prudentially apply Article III limits on judicial power despite its obligation to review cases in accordance with a law enacted pursuant to Congress’s power to make rules governing the military. 2. If Article HI limits apply, whether a victim has standing to challenge court-martial rulings affecting her privilege.

Docket Entries

2024-12-16
Petition DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-25
2024-11-05
Brief of LCDR Dominic Bailey in opposition submitted.
2024-11-05
Brief of respondent LCDR Dominic Bailey in opposition filed. (Distributed)
2024-11-04
2024-11-04
2024-10-23
DISTRIBUTED for Conference of 11/8/2024.
2024-10-23
Rescheduled. Petition distributed in error.
2024-10-17
Waiver of right of respondent United States, et al. to respond filed.
2024-10-07
Motion (24M9) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2024-07-24
MOTION (24M9) DISTRIBUTED for Conference of 9/30/2024.
2024-07-02
Motion (24M9) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2024-07-02
Petition for a writ of certiorari filed. (Response due November 6, 2024)

Attorneys

B. M.
Peter Jeffrey CootePennoni Associates Inc., Petitioner
Peter Jeffrey CootePennoni Associates Inc., Petitioner
LCDR Dominic Bailey
Colin Warren HotardNavy-Marine Corps Appellate Defense Division, Respondent
Colin Warren HotardNavy-Marine Corps Appellate Defense Division, Respondent
R.R.
Seth Woodruff DilworthDepartment of the Air Force Victims' Counsel Div., Amicus
Seth Woodruff DilworthDepartment of the Air Force Victims' Counsel Div., Amicus
United States, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent