Dalmazzi v. United States
In brief
The Supreme Court dismissed (ended) its review and did not decide whether Judge Mitchell’s dual service on the two military courts was lawful.
- Where it stands
- Decided
Decided 9-0 · June 22, 2018
- What it’s about
- The Supreme Court chose not to decide the dispute and ended its review (dismissed the writ of certiorari, its order agreeing to hear the case) as improvidently granted. The dispute concerned whether Judge Martin T.
- Who it affects
- The Court’s action concerned procedure, not which side was right. It left unresolved in this case whether Judge Mitchell could lawfully serve on both courts or whether the claims were still live.
Summary: written with AI from the case record.

What it's about
Mitchell could simultaneously serve on two military appeals courts in violation of federal law or the Constitution’s Appointments Clause (a rule for federal appointments), whether Supreme Court review was authorized, and whether the claims were moot (no longer a live dispute).
The case concerned federal and constitutional limits on one judge serving on two military appeals courts at once.
Question presented
1. WHETHER THIS COURT HAS JURISDICTION TO REVIEW THE CASES IN NOS. 16-961 AND 16-1017 UNDER 28 U. S. C. § 1259(3)? 2. Whether the Court of Appeals erred in holding that Petitioner's claims were moot? 3. Whether Judge Mitchell's service on the CMCR disqualified him from continuing to serve on the AFCCA under 10 U.S.C. § 973(b)(2)(A)(ii)? 4. Whether Judge Mitchell's simultaneous service on both the CMCR and the AFCCA violated the Appointments Clause?
What the Court decided
Holding
Writ of certiorari DISMISSED as improvidently granted. Opinion per curiam.
- Result
- Dismissed
The vote
What's next
The Supreme Court’s review is finished. This docket action identifies no further Supreme Court step and supplies no ruling on the underlying legal questions.
Documents
Docket activity
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AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Case Briefing
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More questions
- What was Dalmazzi v. United States about?
- It challenged Judge Martin T. Mitchell’s service on two military appeals courts at the same time.
- What did the Supreme Court do in Dalmazzi?
- It dismissed (ended) its review as improvidently granted, meaning it concluded that taking the case was not appropriate.
- Did the Court decide whether Judge Mitchell could serve on both courts?
- No. It did not decide whether his service was lawful under federal law or the Constitution’s Appointments Clause.
- Did ending the review favor either side?
- No. Ending the review was not a ruling for either side and did not endorse either side’s arguments.
- What happens next after the Court ended its review?
- The Supreme Court’s review is finished. This docket action identifies no further Supreme Court step.
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.