Litigants: | Schlesinger v. Councilman |
Arguedate: | December 10 |
Argueyear: | 1974 |
Decidedate: | March 25 |
Decideyear: | 1975 |
Fullname: | Arthur Schlesinger, Jr., Secretary of Defense, et al. v. Bruce R. Councilman |
Usvol: | 420 |
Uspage: | 738 |
Parallelcitations: | 95 S. Ct. 1300; 43 L. Ed. 2d 591; 1975 U.S. LEXIS 51; 21 Fed. R. Serv. 2d (Callaghan) 1029 |
Prior: | Certiorari to the United States Court of Appeals for the Tenth Circuit |
Majority: | Powell |
Joinmajority: | Stewart, White, Blackmun, Rehnquist; Douglas, Brennan, Marshall (part II only) |
Concurrence: | Burger |
Concurrence/Dissent: | Brennan |
Joinconcurrence/Dissent: | 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.