Schlesinger v. Councilman

Schlesinger v. Councilman
Supreme Court of the United States
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 (more) 95 S. Ct. 1300; 43 L. Ed. 2d 591; 1975 U.S. LEXIS 51; 21 Fed. R. Serv. 2d (Callaghan) 1029
Case history
Prior	Certiorari 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
Majority	Powell, joined by Stewart, White, Blackmun, Rehnquist; Douglas, Brennan, Marshall (part II only)
Concurrence	Burger
Concur/dissent	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.

See also

• List of United States Supreme Court cases, volume 420

External links

• Text of Schlesinger v. Councilman, 420 U.S. 738 (1975) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)