Trespassing on military roads
United States v. John Dennis Apel
In brief
The Court said the law covers Vandenberg’s roads and protest area, wiped out the Ninth Circuit’s ruling, and sent the case back.
- Where it stands
- Decided
Decided 9-0 · February 26, 2014 · Opinion by Justice Ginsburg
- What it’s about
- Apel argued a road easement put Vandenberg’s protest area outside a law restricting access to military bases.
- Who it affects
- The federal access law covers Vandenberg’s highways and protest area because they are within the base commander’s area of responsibility.
Summary: written with AI from the case record.
What it's about
The Court ruled the law covers the base commander’s area, including its roads and protest area, wiped out the Ninth Circuit ruling and sent the case back (vacated and remanded); it did not decide the First Amendment question.
The dispute concerned 18 U.S.C. §1382, a federal law restricting access to military installations.
Question presented
Can a federal statute be enforced on a portion of a military installation that is subject to a public roadway easement?
What the Court decided
Holding
A “military... installation” for purposes of §1382 encompasses the commanding officer’s area of responsibility, and it includes Vandenberg’s highways and protest area. 676 F. 3d 1202, vacated and remanded.
- Result
- Vacated
The Court's reasoning
The Court read the law to cover the area under a base commander’s responsibility, including Vandenberg’s highways and protest area.
The vote
What's next
The case goes back to the Ninth Circuit for further proceedings under the Supreme Court’s ruling. The Supreme Court did not decide the First Amendment question.
Documents
Opinions
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
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Opinion added: Apel
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.