| Schlesinger v. Councilman | |
|---|---|
 | |
| Argued December 10, 1974 Decided March 25, 1975 | |
| Full case name | Arthur Schlesinger, Jr., Secretary of Defense, et al. v. Bruce R. Councilman |
| Citations | 420 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 | |
| Prior | Certiorari to the United States Court of Appeals for the Tenth Circuit |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Stewart, White, Blackmun, Rehnquist; Douglas, Brennan, Marshall (part II only) |
| Concurrence | Burger |
| Concur/dissent | Brennan, joined by Douglas, Marshall |
Schlesinger v. Councilman, 420 U.S. 738 (1975), was a case decided by the Supreme Court of the United States.
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.
