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JOHNSON v. WEINBERGER

No. 87-2566.

851 F.2d 233 (1988)

Clifford J. JOHNSON, Plaintiff-Appellant, v. Secretary of Defense Caspar WEINBERGER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1988.

Attorney(s) appearing for the Case

Thomas A. Robertson and William A. Brockett, Keker & Brockett, San Francisco, Cal., for plaintiff-appellant.

Richard A. Olderman and Robert Greenspan, Civil Div., Washington, D.C., for defendant-appellee.

Before PREGERSON, BOOCHEVER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Appellant, a resident of California, alleges that the implementation of United States strategic defense policy, specifically Launch on Warning ("LOW"),1 is unconstitutional. Appellant asserts that LOW relies on "error-prone[d]" computers for its implementation, thus increasing the likelihood that nuclear missiles will be launched prior to a positive, human identification of a nuclear attack on the United States....

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