#afcca

[mourning-again-in-america]

i think i finally understood the relevance of ex parte bollman to the marbury challenge to dalmazzi/ortiz (previously partially worked out here) (n.b. the Court dismissed Dalmazzi as improvidently granted, and then ruled on the issues in Ortiz) 

summary of ortiz from oyez: 

Since shortly after the Civil War, federal law has required express authorization from Congress before active-duty military officers may hold a "civil office,” including positions that require "an appointment by the President by and with the advice and consent of the Senate." 10 U.S.C. § 973(b)(2)(A)(ii). After President Obama nominated and the Senate confirmed Colonel Martin T. Mitchell as a judge of the Article I US Court of Military Commission Review (CMCR), Judge Mitchell continued to serve on the US Air Force Court of Criminal Appeals (CCA).

A judge convicted Keanu Ortiz of possessing and distributing child pornography, and sentenced him to two years' imprisonment and a dishonorable discharge. A panel of the AFCCA, which included Judge Mitchell, affirmed the findings and sentence. Ortiz filed a petition for review with the Court of Appeals for the Armed Forces (CAAF), asking the court to consider whether Judge Mitchell was disqualified from serving on the CCA because he had been appointed to the CMCR. Ortiz claimed that Judge Mitchell's CMCR appointment precluded him from serving on the CCA under both the the federal statute and the Constitution. The CAAF rejected both of Ortiz's arguments.

the marbury argument is, i believe, because the caaf is “located administratively” in the executive branch, it is not a court (Article I court or Article III court) and thus the court would be ruling on the matter “originally” and not as an appellate matter. 

the discussion from the dalmazzi transcript was what i wanted to understand: 

JUSTICE KENNEDY:  Do you think Marbury versus Madison is right? (Laughter.) JUSTICE KENNEDY:  Particularly as to the interpretation with such exceptions as Congress may make. VLADECK: So, I will confess, Justice Kennedy, that I may perhaps belong in the school of scholars who thinks that Chief Justice Marshall read both the statute and the Constitution to reach the constitutional questions he wanted to reach. I'm not sure that he nevertheless didn't end up with the right -- with the wrong answer. And, again, I think, for purposes of the question presented in this case on this Court's jurisdiction, the more relevant case is not Marbury but [Ex Parte] Bollman [1807].

in ex parte bollman, which was a case in the larger controversy of burr’s supposed treason, the supreme court issued a writ of habeas corpus as an original matter, but functionally as an appellate matter as the dc circuit court had already ruled

[chazfabulous]

I didn’t post because things have been #crazy for me lately it seems I’m always #running trying to get to the next place, appointment, THING.. but last week I went to #Tucson to the #AFCCA #convention. I’m so #happy I got to see my friend, Monica Torres, and take her lecture on the Family dress experience.❤️💀 It was super #informative PLUS she gave us goodie bags; and I got to see one of my former professors Donna Backhaus and classmate Jennifer Nyland!! The #food was great, the conversations were engaging, the classes were #informative, and the venue was #gorgeous. Afterward #armed with my #new #knowledge, I felt like a million bucks☺️❤️🦖 #futureembalmer #futurefuneraldirector #bitchinmortician #scienceissexy #chazfabulous🎀💋🎀 (at Avenidas Funeral Chapel)

[chazfabulous]

I didn’t post because things have been #crazy for me lately it seems I’m always #running trying to get to the next place, appointment, THING.. but last week I went to #Tucson to the #AFCCA #convention. I’m so #happy I got to see my friend, Monica Torres, and take her lecture on the Family dress experience.❤️💀 It was super #informative PLUS she gave us goodie bags; and I got to see one of my former professors Donna Backhaus and classmate Jennifer Nyland!! The #food was great, the conversations were engaging, the classes were #informative, and the venue was #gorgeous. Afterward #armed with my #new #knowledge, I felt like a million bucks☺️❤️🦖 #futureembalmer #futurefuneraldirector #bitchinmortician #scienceissexy #chazfabulous🎀💋🎀 (at Avenidas Funeral Chapel)