The case was centered on the United States Constitution's separation of powers doctrine.

The Court declared the Appointments Clause does not impose a prohibition on an officer of the United States from serving in two roles simultaneously.

[1][2] Ortiz was an airman convicted by a military tribunal of distributing child pornography, and sentenced to two years in prison followed by a dishonorable discharge.

His sentence was affirmed by the Air Force Court of Criminal Appeals (AFCCA), by a panel which included Colonel Martin Mitchell, who had been appointed to that body by the Secretary of Defense, and by the President of the United States, with the advice and consent of the Senate.

Ortiz sought review, asserting that Mitchell's presence on the panel violated statute law and the Appointments Clause of the U.S. Constitution.