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Dalmazzi v. United States

Updated Sep 19, 2026

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.

Illustration for Dalmazzi v. United States
Conceptual illustration · AI-generated

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

  • Joined the judgment
Majority · 9joined the Court's opinion
  1. Roberts
  2. Kennedy
  3. Thomas
  4. Ginsburg
  5. Breyer
  6. Alito
  7. Sotomayor
  8. Kagan
  9. Gorsuch
9 justices joined the judgment.

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

2

Docket activity

11
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Sep 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Sep 19, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Sep 19, 2026 · Court records

  • New analysis added

    Sep 19, 2026 · Court records

Show 6 more
  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 11, 2026 · Court records

  • New analysis added

    Jul 2, 2026 · Court records

  • Opinion added: Opinion

    Jun 22, 2018 · Court records

  • Brief added: Questions Presented

    Court records

More questions

5
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.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis