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SCHLESINGER v. RESERVISTS TO STOP THE WAR

No. 72-1188.

418 U.S. 208 (1974)

SCHLESINGER, SECRETARY OF DEFENSE, ET AL. v. RESERVISTS COMMITTEE TO STOP THE WAR ET AL.

Supreme Court of United States.

Decided June 25, 1974.

Attorney(s) appearing for the Case

Solicitor General Bork argued the cause for petitioners. With him on the brief were Acting Assistant Attorney General Jaffe, Deputy Solicitor General Friedman, Leonard Schaitman, and William D. Appler.

William A. Dobrovir argued the cause and filed a brief for respondents.*

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari, sub nom. Richardson v. Reservists Committee to Stop the War, 411 U.S. 947 (1973), to review the judgment of the Court of Appeals affirming, without opinion, the District Court's partial summary judgment for respondents declaring that "Article I, Section 6, Clause 2 of the Constitution renders a member of Congress ineligible to hold a commission in the Armed Forces Reserve...

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