Wednesday, April 11, 2007

What if they held a C.A.A.F. and nobody came?

As previously noted on this blog earlier this month, the C.A.A.F. has not granted review of a case since February 22, 2007, when it granted review of the sister/wife case of Othuru. If the Court continues granting petitions at this pace, it will hear roughly ten arguments next term. Having heard seventy-six cases last term, the Court is slated to hear roughly fifty arguments this term. Is the Court of Appeals for the Armed Forces following the Supreme Court in hearing fewer cases? Does this reflect the judicial philosophy of the Court's new Chief Judge? During the same period in 2006, the Court granted review of twelve cases. In 2005, the Court granted review of seventeen cases between February 22 and April 13. The Court granted review of only seven cases during the same period in the 2004 term. What explains the drastic drop in grants of review? Is it the change in the membership of the Court? Were some judges granting review only to later write dissenting opinions? Perhaps.

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