Schlesinger v. Councilman

Schlesinger v. Councilman, 420 U.S. 738 (1975), was a case decided by the Supreme Court of the United States.

Schlesinger v. Councilman
Argued December 10, 1974
Decided March 25, 1975
Full case nameArthur Schlesinger, Jr., Secretary of Defense, et al. v. Bruce R. Councilman
Citations420 U.S. 738 (more)
95 S. Ct. 1300; 43 L. Ed. 2d 591; 1975 U.S. LEXIS 51; 21 Fed. R. Serv. 2d (Callaghan) 1029
Case history
PriorCertiorari to the United States Court of Appeals for the Tenth Circuit
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityPowell, joined by Stewart, White, Blackmun, Rehnquist; Douglas, Brennan, Marshall (part II only)
ConcurrenceBurger
Concur/dissentBrennan, joined by Douglas, Marshall

The case was a key part of government arguments in the 2006 case of Hamdan v. Rumsfeld, defending its contention that the Supreme Court should not have heard the case, because Hamdan was still being processed by a military tribunal court in Guantanamo Bay.

Both the majority opinion by Justice John Paul Stevens and the dissenting argument of Justice Antonin Scalia referenced the case.

See also

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