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No. 16-1423October Term 2017Decided Jun 22, 2018

Docket 16-1423October Term 2017 (2017–2018)

Ortiz v. United States

This case arose from a court-martial conviction and asked whether one military judge, Martin Mitchell, could legally serve at the same time on the Air Force Court of Criminal Appeals and the Court of Military Commission Review.

Case status

Current stage
Decided
Latest event
Decision released Jun 22, 2018
Case Accepted
Arguments
Decision ReleasedJun 22, 2018
What it's about

This case arose from a court-martial conviction and asked whether one military judge, Martin Mitchell, could legally serve at the same time on the Air Force Court of Criminal Appeals and the Court of Military Commission Review. The case also required the Supreme Court to decide whether it had authority to review decisions of the Court of Appeals for the Armed Forces.

Question presented

1. Are the positions which they occupy “civil offices” within the meaning of 10 U.S.C. 973(b)? 2. If so, is there “otherwise provided by law” authority for them to hold such offices so as to prevent the termination of their commissions?

Case path

United States Court of Appeals for the Armed Forces / Decision released Jun 22, 2018

Area

Decided Supreme Court case

Timing

Decided June 22, 2018

The Court released its decision on June 22, 2018 without hearing oral argument.

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 3, 2026
Primary materials5