Criminal Justice & the Rule of Law Executive Branch

Court Documents in Dalmazzi v. United States

Sabrina McCubbin
Thursday, September 28, 2017, 7:40 PM

The Supreme Court granted certiorari Thursday in three cases addressing whether 10 U.S.C.

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The Supreme Court granted certiorari Thursday in three cases addressing whether 10 U.S.C. §973, a statute prohibiting active-duty military officers from holding most “civil offices” in the federal government, applies to the Article I Court of Military Commission Review. Steve Vladeck wrote last Friday about the broader implications of a potential decision on that question. The three cases, Dalmazzi v. United States, Cox v. United States, and Ortiz v. United States, have been consolidated as Dalmazzi.

Dalmazzi v. United States

Supreme Court

Court of Appeals for the Armed Forces

Air Force Court of Criminal Appeals

Ortiz v. United States

Supreme Court

Court of Appeals for the Armed Forces

Air Force Court of Criminal Appeals

Cox v. United States

Supreme Court

Note: Neither the Court of Appeals for the Armed Forces ​nor the Army Court of Criminal Appeals reported an opinion in Cox. Lawfare will update this post if additional documents become available.


Sabrina McCubbin graduated cum laude from Georgetown University Law Center, where she was the student editor-in-chief of the Journal of National Security Law and Policy. She has worked at the Center for Strategic and International Studies and the Center on Privacy and Technology. She earned her B.A. from McGill University in 2012.

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