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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


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