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WEISS v. UNITED STATES

No. 92-1482.

510 U.S. 163 (1994)

WEISS v. UNITED STATES

Supreme Court of United States.

Decided January 19, 1994.

Attorney(s) appearing for the Case

Alan B. Morrison argued the cause for petitioners. With him on the briefs were Philip D. Cave, Dwight H. Sullivan, Eugene R. Fidell, and Ronald W. Meister.

Solicitor General Days argued the cause for the United States. With him on the brief were Acting Assistant Attorney General Keeney, Deputy Solicitor General Bryson, Paul J. Larkin, Jr., Thomas E. Booth, Theodore G. Hess, and Albert Diaz.†

REHNQUIST, C. J., delivered the opinion of the Court, in which BLACKMUN, STEVENS, O'CONNOR, KENNEDY, SOUTER, and GINSBURG, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I and II-A. SOUTER, J., filed a concurring opinion, p. 182. GINSBURG, J., filed a concurring opinion, p. 194. SCALIA, J., filed an opinion concurring in part and concurring in the judgment, in which THOMAS, J., joined, p. 195.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

We must decide in these cases whether the current method of appointing military judges violates the Appointments Clause of the Constitution, and whether the lack of a fixed term of office for military judges violates the Fifth Amendment's Due Process Clause. We conclude that neither constitutional provision is violated.

Petitioner Weiss, a United States Marine, pleaded guilty at a special court-martial...

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