United States Court of Appeals for the Armed Forces

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Court of Appeals for the Armed Forces
US-CourtOfAppeals-ArmedForces-Seal.svg
Judgeships
Posts: 5
Judges: 5
Vacancies: 0
Judges
Chief: Kevin A. Ohlson
Active judges:
Liam Hardy, M. Tia Johnson, Gregory Maggs, Kevin A. Ohlson, John E. Sparks

Senior judges:
James E. Baker, Walter Cox III, Susan Crawford, Andrew S. Effron, Charles Erdmann, Margaret Ryan, Scott Stucky, Eugene Sullivan


The United States Court of Appeals for the Armed Forces is an Article I federal court that exercises worldwide appellate jurisdiction over members of the U.S. Armed Forces on active duty and other persons subject to the Uniform Code of Military Justice.[1]

Vacancies

See also: Current federal judicial vacancies

There are no current vacancies on the United States Court of Appeals for the Armed Forces, out of the court's five judicial positions.

Pending nominations

There are no pending nominees for this court.


Active judges

Sitting judges

All judges are nominated to posts for 15 years.

Judge Appointed By Assumed Office Bachelors Law

Kevin A. Ohlson

Barack Obama (D)

November 1, 2013 -

Washington and Jefferson College, 1982

University of Virginia School of Law, 1985

John E. Sparks

Barack Obama (D)

April 19, 2016 -

United States Naval Academy, 1976

University of Connecticut, 1986

Gregory Maggs

Donald Trump (R)

February 2, 2018 -

Harvard College, 1985

Harvard Law School, 1988

Liam Hardy

Donald Trump (R)

December 8, 2020 -

Princeton University, 1995

Georgetown University Law Center, 2008

M. Tia Johnson

Joe Biden (D)

January 3, 2023 -

Temple University


Active judges by appointing political party

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

  • Democrat appointed: 3
  • Republican appointed: 2

Senior judges

Judge Appointed By Assumed Office Bachelors Law

Margaret Ryan

George W. Bush (R)

Knox College

University of Notre Dame Law School

Walter Cox III

Ronald Reagan (R)

September 18, 2000 -

Clemson University, 1964

University of South Carolina School of Law, 1967

Eugene Sullivan

Ronald Reagan (R)

September 30, 2002 -

United States Military Academy, 1964

Georgetown University Law Center, 1971

Susan Crawford

George H.W. Bush (R)

September 30, 2006 -

Bucknell University, 1969

New England School of Law, 1977

Andrew S. Effron

Bill Clinton (D)

September 30, 2011 -

Harvard University, 1970

Harvard Law School, 1975

James E. Baker

Bill Clinton (D)

July 31, 2015 -

Yale University, 1982

Yale Law School, 1990

Charles Erdmann

George W. Bush (R)

July 31, 2017 -

Montana State University, Billings, 1972

University of Montana School of Law, 1975

Scott Stucky

July 31, 2021 -

Wichita State University, 1970

Harvard Law School, 1973


Senior judges by appointing political party

The list below displays the number of senior judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

  • Democrat appointed: 2
  • Republican appointed: 6

Former chief judges

In order to qualify for the office of chief judge in an Article III circuit or district court, or on the United States Court of International Trade, a judge must be in active service and hold seniority over the court's commissioned judges who are 64 years of age or under, have served one year or more, and have not previously served as chief judge.[2]

In the event that no judge on the court meets those qualifications, the youngest judge in regular active service aged 65 years or more and who has served as a judge for one year or more shall become chief judge. If no judge meets those qualifications, the judge holding seniority in active service who has not served as chief before shall become the chief judge.[3][4][5]

The chief judge serves for a term of seven years until another judge becomes eligible to serve in the position. No judge is permitted to serve as chief judge after reaching the age of 70 years unless no other judge is qualified to serve.[3][4][5]

Unlike the chief justice of the United States, a chief judge returns to active service after the expiration of their term and does not create a vacancy on the court by the fact of their promotion.[2][3][4][5]

On the United States Court of Federal Claims, the chief judge is selected by the president of the United States. The judge must be less than 70 years of age. A chief may serve until they reach age 70 or until another judge is designated by the president as the new chief judge. If the president selects a new chief judge, the former chief judge may continue active service on the court for the remainder of their appointed term.[6]


Former judges

For more information about the judges of the Court of Appeals for the Armed Forces, see former federal judges of the Court of Appeals for the Armed Forces.

Jurisdiction

The court has appellate jurisdiction over all appeals from the Air Force, Army, Coast Guard, and Navy-Marine Corps Courts of Criminal Appeals. The court's primary jurisdiction is described in Article 67(a) of the Uniform Code of Military Justice as following:[1]

The Court of Appeals for the Armed Forces shall review the record in –

(1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death;
(2) all cases review by a Court of Criminal Appeals which the Judge Advocate General orders sent to the Court of Appeals for the Armed Forces for review; and
(3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review.[7]

Article 67(a) also specifies that the court's reviews are limited to issues of law. The court also has jurisdiction to consider petitions for extraordinary relief.[1]

Decisions by the court are subject to direct review by the Supreme Court. However, the court functions as gatekeeper of the Supreme Court unlike any other federal appeals court in the United States. Denials from petitions for review or relief in extraordinary petitions are not subject to review by the Supreme Court.[1]

United States Court of Appeals for the Armed Forces Photo by Matthew G. Bisanz

History

The court was originally established by Congress in 1951 as the Court of Military Appeals under the Code of Military Justice. The court was intended as an appellate court for court martial, independent of the armed forces. In 1968, it was re-designated as the United States Court of Military Appeals and again in 1994 to its current title, the United States Court of Appeals for the Armed Forces.[8]

Noteworthy cases

A full list of decisions can be found here.

Before the U.S. Supreme Court

This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.

2020-2021 term

See also: Supreme Court cases, October term 2020-2021

The following cases were heard before the U.S. Supreme Court during the 2020-2021 term.

2020-2021 U.S. Supreme Court cases from the Court of Appeals for the Armed Forces
Case Opinion author Decision Vote
United States v. Collins (Consolidated with United States v. Briggs) Samuel Alito reversed and remanded 8-0

Federal courthouse

The court is located in Judiciary Square in Washington D.C. The courthouse is listed in the National Register of Historic Places.[8]

See also

External links

Footnotes

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