Craycroft v. Ferrall

Background

The case involves a petitioner whose claims reached the United States Court of Appeals for the Ninth Circuit and drew the attention of the Solicitor General. The per curiam order grants the petitioner leave to proceed without paying fees, notes the Solicitor General’s suggestion, and states that the Ninth Circuit’s judgment is vacated and the case is sent back to that court. The Solicitor General has said that administrative remedies the Ninth Circuit thought had to be tried first are either already exhausted or do not exist.

Reasoning

The central question the Justices identified is whether the petitioner’s failure to seek relief in the Court of Military Appeals prevents federal courts from considering the petitioner’s claims. The Solicitor General concedes that going to the Court of Military Appeals does not stop federal courts from hearing the claim, and the opinion notes there is a disagreement among different federal appeals courts on that point. Given those circumstances, the Supreme Court remanded the case so the Ninth Circuit can address that specific question or, if appropriate, go ahead and decide the merits.

Real world impact

The remand means the Ninth Circuit must reconsider the case in light of the Solicitor General’s concessions and the circuit split about military-court review. This order is not a final decision on the merits and could change depending on what the Ninth Circuit decides next. The outcome will matter most to people whose federal claims touch on whether relief should first be sought in the Court of Military Appeals.