No. 24-6622

John Bradley v. United States

Lower Court: Second Circuit
Docketed: 2025-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appointments-clause article-two constitutional-interpretation federal-judiciary judicial-designation separation-of-powers
Key Terms:
DueProcess Patent JusticiabilityDoctri
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Does it violate the Appointments Clause for a Circuit Judge to be appointed to sit continuously as a District Judge by another Circuit Judge?

Question Presented (OCR Extract)

1. Under Article II, Section 2 of the Constitution, principal federal officers, including United States District and Circuit Judges, must be nominated by the President and confirmed by the Senate to their office. Does it violate this Appointments Clause for one Circuit Judge to appoint a fellow Circuit Judge to sit continuously for years as a District Judge? 2. Section 291(b) of Title 28 permits a Chief Circuit Judge to “temporarily” designate a fellow Circuit Judge “to hold a district court” when it is “in the public interest.” Does it violate this statute for a Chief Judge to appoint a fellow Circuit Judge to sit continuously for years as a District Judge? 3. When a defendant on federal supervised release faces a n alleged violation subjecting him to additional mandatory prison time and an increase in the maximum punishment beyond that authorized by his original conviction alone, d o the Fifth and Sixth Amendments require the violation to be tried before a jury and proven by more than a preponderance of the evidence?

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-03-03
Waiver of United States of right to respond submitted.
2025-03-03
Waiver of right of respondent United States to respond filed.
2025-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2025)

Attorneys

John Bradley
Sarah Jane BaumgartelFederal Defenders of New York, Inc., Petitioner
Sarah Jane BaumgartelFederal Defenders of New York, Inc., Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent