Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, and Sotomayor, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.

Record received from the U.S.C.A. for the Armed Forces. (1 Box)

Argued. For petitioners: Stephen I. Vladeck, Austin, Tex. For Professor Aditya Bamzai as amicus curiae: Aditya Bamzai, Charlottesville, VA. For respondent: Brian H. Fletcher, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.

Letter of respondent United States filed. VIDED. (Distributed)

Motion of Professor Aditya Bamzai for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae and for divided argument GRANTED, and the time is divided as follows: 30 minutes for petitioners, 10 minutes for Professor Aditya Bamzai, and 30 minutes for respondent. VIDED

Motion of Aditya Bamzai for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.

Brief of respondent United States filed. VIDED.

CIRCULATED.

SET FOR ARGUMENT ON Tuesday, January 16, 2018. VIDED

Brief amicus curiae of Aditya Bamzai in support of neither party filed. VIDED.

Brief of petitioners filed. VIDED.

Petition GRANTED, and the petitions for writs of certiorari in Nos. 16-961 and 16-1017 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. In addition to the questions presented by the petitions, the parties are directed to brief and argue the following question: Whether this Court has jurisdiction to review the cases in Nos. 16-961 and 16-1017 under 28 U. S. C. § 1259(3).

DISTRIBUTED for Conference of 9/25/2017.

Reply of petitioner Keanu D. W. Ortiz filed.

Brief of respondent United States in opposition filed.

Order further extending time to file response to petition to and including August 18, 2017.

Order extending time to file response to petition to and including July 31, 2017.

Petition for a writ of certiorari filed. (Response due June 29, 2017)

Application (16A1034) granted by The Chief Justice extending the time to file until June 9, 2017.

Application (16A1034) to extend the time to file a petition for a writ of certiorari from May 10, 2017 to June 9, 2017, submitted to The Chief Justice.