No. 19-1194

Jiahao Kuang, et al. v. Department of Defense, et al.

Lower Court: Ninth Circuit
Docketed: 2020-04-02
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: administrative-law administrative-procedure administrative-procedure-act administrative-procedure-act,civil-procedure,due-p due-process equal-protection injunctive-relief judicial-review military-affairs standing subject-matter-jurisdiction
Latest Conference: 2021-04-23
Question Presented (from Petition)

1. Whether courts can evade their constitutional and statutory duty to review military decisions under the so-called "Mindes test," or whether claims seeking injunctive relief against the military are reviewable so long as they do not present a nonjusticiable political question or otherwise fall outside the court's subject-matter jurisdiction.

2. Whether a DoD policy that requires all legal permanent resident enlistees—but not their U.S.-citizen counterparts—to suffer unjustified delays before beginning their military careers is judicially reviewable.

Question Presented (AI Summary)

Whether courts can evade their constitutional and statutory duty to review military decisions under the so-called 'Mindes test', or whether claims seeking injunctive relief against the military are reviewable so long as they do not present a nonjusticiable political question or otherwise fall outside the court's subject-matter jurisdiction

Docket Entries

2021-04-26
Petition DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-04-06
Reply of petitioners Jiahao Kuang, et al. filed. (Distributed)
2021-03-19
Brief of respondents U.S. Department of Defense, et al. in opposition filed.
2021-02-19
Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2021.
2021-02-18
Motion to extend the time to file a response from February 19, 2021 to March 19, 2021, submitted to The Clerk.
2020-12-11
Motion to extend the time to file a response is granted and the time is further extended to and including February 19, 2021.
2020-12-09
Motion to extend the time to file a response from December 15, 2020 to February 19, 2021, submitted to The Clerk.
2020-10-08
Motion to extend the time to file a response is granted and the time is further extended to and including December 15, 2020.
2020-10-07
Motion to extend the time to file a response from October 16, 2020 to December 15, 2020, submitted to The Clerk.
2020-07-29
Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2020.
2020-07-28
Motion to extend the time to file a response from August 14, 2020 to October 16, 2020, submitted to The Clerk.
2020-06-01
Motion to extend the time to file a response is granted and the time is further extended to and including August 14, 2020.
2020-05-29
Motion to extend the time to file a response from June 3, 2020 to August 14, 2020, submitted to The Clerk.
2020-05-04
Brief amici curiae of Modern Military Association of America, et al. filed.
2020-04-20
Motion to extend the time to file a response is granted and the time is extended to and including June 3, 2020.
2020-04-17
Motion to extend the time to file a response from May 4, 2020 to June 3, 2020, submitted to The Clerk.
2020-03-30
Petition for a writ of certiorari filed. (Response due May 4, 2020)
2020-01-21
Application (19A808) granted by Justice Kagan extending the time to file until March 30, 2020.
2020-01-17
Application (19A808) to extend the time to file a petition for a writ of certiorari from January 30, 2020 to March 30, 2020, submitted to Justice Kagan.

Attorneys

Jiahao Kuang, et al.
Melissa Arbus SherryLatham & Watkins LLP, Petitioner
Modern Military Association of America, et al.
Ian Heath GershengornJenner & Block, Amicus
U.S. Department of Defense, et al.
Elizabeth B. PrelogarActing Solicitor General, Respondent