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Schlesinger v. Councilman

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Concurrence
  
Burger

End date
  
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

Prior history
  
Certiorari to the United States Court of Appeals for the Tenth Circuit

Majority
  
Powell, joined by Stewart, White, Blackmun, Rehnquist; Douglas, Brennan, Marshall (part II only)

Concur/dissent
  
Brennan, joined by Douglas, Marshall

Ruling court
  
Supreme Court of the United States

Similar
  
Ex parte Quirin, Hamdan v Rumsfeld, Hamdi v Rumsfeld

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.

References

Schlesinger v. Councilman Wikipedia