The Government's Position on a 4-Judge Court: Who cares? [UPDATED]

9/15/2020

Filed in the case of United States v. Snyder.

opp_to_motion_for_appropriate_relief__14_sep_20___1_.pdf
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Editor's Update:

Here is the argument for a five-judge court.

caaf_motion_for_appropriate_relief_-_filed.pdf
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5 Comments

William E. Cassara

9/15/2020 11:56:51 am

The AF GAD opposes every motion as best I can tell, even if it is just a "general opposition" to a first enlargement request. I have no idea why.

Anon

9/15/2020 11:59:11 am

This brief won't be winning any awards for sophisticated reasoning.

Cloudesley Shovell

9/15/2020 12:29:24 pm

Anon-

How much sophisticated reasoning might be required? Does not the cited statute, 10 USC 942(g), speak for itself?

Kind regards,
CS

Poster

9/15/2020 04:08:03 pm

Government has an interest in the finality of cases.

Do they? Or do they have just a disinterest in the rights of an Accused?

"Who cares?" is one of the most egregious things a Government attorney can say. At least in light of the seemingly affirmative exercise:

(g)Effect of Vacancy on Court.--
A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.

But Article III, Section 1 says: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

So does Congress now have the authority "power" to form a Court in its control of the services to deny appeal at this level? Does this not prevent an issue at this court from ever reaching the Supreme Court by the Executive Branch from appointing a judge?

Crappy argument Air Force Government Appeals Division.

Gene Fidell

9/17/2020 05:55:39 pm

Simply because the Court can sit with fewer than five judges when there is a vacancy does not mean it ought to do so.

CAAFlog

The Government's Position on a 4-Judge Court: Who cares? [UPDATED]

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