Schlesinger v. Councilman

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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; 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

Holding

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

Majority by: Powell
Joined by: Stewart, White, Blackmun, Rehnquist; Douglas, Brennan, Marshall (part II only)
Concurrence by: Burger
Concurrence/dissent by: 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.