Schlesinger v. Holtzman

Schlesinger v. Holtzman, 414 U.S. 1321 (1973), was a case decided by the United States Supreme Court. The Court overruled a lower court's injunction prohibiting the Defense Department from bombing Cambodia, and so that bombing continued.

Background

The case dealt with United States military operations over Cambodia during the Vietnam War. On April 30, 1970 President Nixon commanded his forces to launch an incursion Cambodia in search of arms depots and enemy forces without consent from the United States Congress. It involves Elizabeth Holtzman and several air force officers against James R. Schlesinger, the Secretary of Defense.

In June 1973, Congress voted to discontinue funding of all combat activities in Cambodia from mid-August 1973.^[1]

On July 25, 1973, the District Court for the Eastern District of New York issued a permanent injunction prohibiting respondent Defense Department officials from "participating in any way in military activities in or over Cambodia or releasing any bombs which may fall in Cambodia".

On July 27, 1973, the United States Court of Appeals for the Second Circuit stayed the District Court's order, allowing the bombing to go ahead pending the appeal to that Court from the District Court's order.

Opinion of the Court

The case came before a single justice as an application by the original applicants to stay the Court of Appeals' order. On August 1, 1973, Justice Marshall refused to order that stay.

When a Supreme Court Justice declines to order a stay, the party requesting the stay can renew the request with another Justice. On August 4, 1973, Justice Douglas granted the application for a stay on the Court of Appeals' order, so restoring the District Court's order staying the Defense Department, and stopping the bombing.

On the same day, August 4, 1973, Justice Marshall stayed the District Court's order, so allowing the bombing to proceed. He made that order with the agreement of all the other members of the Supreme Court, except Justice Douglas who dissented.

The court said it cannot decide a political question; the constitution vests military matters in the Executive and Legislature.

Significance

This case is significant because it challenges the legality of being able to operate the military on a "neutral" site. This case emphasizes the proper role of the judiciary to refrain from deciding political questions that are for the President and Congress to decide. Congress has only declared war five times in the nation's history, although the United States have had over 240 imperfect wars which were not declared and these date back to President George Washington.

Subsequent developments

The bombing of Cambodia had continued. On August 8, 1973, the Court of Appeals allowed the Defense Department's appeal from the District Court's order. In mid-August 1973, the bombing stopped. The substantive case never reached the Supreme Court.^[2]

References

External links

• Justice Marshall's refusal to lift Court of Appeal's stay on District Court's order
• Justice Douglas' stay on the Court of Appeal's order
• Justice Marshall's stay on the District Court's order