No. 25-1398October Term 2025Before Arguments
Ernest F. Mitchell, Petitioner v. Hung Cao, Acting Secretary of the Navy
from the United States Court of Appeals for the District of Columbia Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the District of Columbia Circuit.
Question presented
Did the Circuit Court’s holding that LT Mitchell was not promoted by operation of law, when he was retained on the promotion list longer than the 18 month statutory maximum mandated by Congress in 10 U.S.C. § 624(d)(5), impermissibly override Congressional authority to “make Rules for the Government and Regulation of the land and naval Forces” under Article I, Section 8, Clause 14 of the Constitution of the United States?
- Case path
United States Court of Appeals for the District of Columbia Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Sep 1, 2026
- Method
- Methodology