Schlesinger v. Councilman

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Schlesinger v. Councilman
Seal of the United States Supreme Court.svg
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
Prior history Certiorari to the United States Court of Appeals for the Tenth Circuit
Court membership
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.

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