Aditya Bamzai, '04: Will Present Argument as Independent Amicus, In Rare Move by US Supreme Court
Professor Aditya Bamzai To Make Debut at Supreme Court
Professor Aditya Bamzai of the University of Virginia School of Law will make his debut this month at the U.S. Supreme Court after a rare decision by the justices to allocate argument time to an independent amicus curiae.
The court on Friday granted him 10 minutes to present along with parties representing sides in three consolidated cases — Dalmazzi v. U.S., Cox v. U.S. and Ortiz v. U.S. The argument will be heard Jan. 16.
Bamzai filed a motion on Dec. 14 for divided argument.
The cases involve challenges to the appointment of various judges who serve on the U.S. Courts of Criminal Appeals for the military services. The challenges were rejected by the U.S. Court of Appeals for the Armed Forces, an adjudicating body housed within the executive branch.
In his brief, Bamzai argued that the Supreme Court does not have jurisdiction to hear the cases.
“Though called a ‘court’ by statute, the [Court of Appeals for the Armed Forces] is located for constitutional purposes within the Executive Branch,” he writes.
“Chief Justice Marshall’s opinion in Marbury v. Madison makes it clear that the Supreme Court cannot exercise ‘appellate Jurisdiction’ under Article III directly from an officer of the Executive Branch. … Accordingly, the [Supreme Court's] exercise of jurisdiction over cases directly from the CAAF violates Article III.”
The U.S. Office of the Solicitor General filed a six-page response to the argument. Bamzai then filed a motion requesting time for oral argument, which the court granted.
Read more at University of Virginia School of Law