DENVER — Colorado Attorney General John Suthers announced today that Colorado Solicitor General Dan Domenico will argue a case before the U.S. Supreme Court on Monday, February 27. The case, Wood v. Milyard, concerns whether or not a federal appellate court can raise the untimeliness of a convicted felon’s habeas corpus petition despite the issue not being decided at the district court level. The state will argue that the 10th Circuit Court of Appeals did not err in raising the issue.
This will be Domenico’s first argument before the U.S. Supreme Court. Domenico’s oral argument will be the second time since 2008 that a member of the Office of the Attorney General will have argued before the U.S. Supreme Court. Attorney General Suthers argued before the court in late 2008. The U.S. Supreme Court unanimously ruled for Colorado in that case, which was part of the long-running Kansas v. Colorado water litigation.
Colorado also is a plaintiff in the case of Florida v. the U.S. Department of Health and Human Services, which will be argued before the U.S. Supreme Court on March 26, 27 and 28. The case involves the constitutionality of various aspects of the Patient Protection and Affordable Care Act.