Schlesinger v. Holtzman
| Schlesinger v. Holtzman | |
|---|---|
| Decided August 4, 1973 | |
| Full case name | James R. Schlesinger, et al. v. Elizabeth Holtzman, et al. |
| Citations | 414 U.S. 1321 (more) 94 S. Ct. 11; 38 L. Ed. 2d 33 |
| Case history | |
| Prior | Granting injunction against bombing campaign, 361 F. Supp. 553 (E.D.N.Y. 1973), denying application to vacate stay of injunction, 414 U.S. 1304 (Marshall, J., in chambers), granting reapplication to vacate stay of injunction, 414 U.S. 1316 (Douglas, J., in chambers), granting application to vacate ruling by Justice Douglas, staying order of the District Court, 414 U.S. 1321 (1973). |
| Subsequent | Removing injunction and dismissing lawsuit, 484 F.2d 1307 (2d Cir. 1973). |
| Holding | |
| The reapplication for a stay is granted. The district court's order enjoining the Defense Department from participating in military activities in and over Cambodia is stayed pending further review. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Marshall, Circuit Justice (noting the agreement of Burger, Brennan, Stewart, White, Blackmun, Powell, and Rehnquist) |
| Dissent | Douglas |
Schlesinger v. Holtzman, 414 U.S. 1321 (1973), was a case decided by the Supreme Court of the United States involving the Constitution's War Powers Clause. The Court reversed a ruling by Justice William O. Douglas ordering the military to stop bombing Cambodia.