Schlesinger v. Councilman

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Schlesinger v. Councilman
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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

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.

See also


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