Pauling v. McElroy

The appellants, 39 individuals,1 *****sought an injunction in the District Court to restrain the Secretary of Defense, the Atomic Energy Commission and others from detonating any nuclear weapons which might produce radiation or radioactive atomic nuclei; also sought are declaratory judgments that nuclear weapons tests are illegal and damages for injuries sustained by some of the appellants.2 The restraints thus sought to be imposed on the United States Government and its officers would prohibit all nuclear tests everywhere — including those in testing areas set aside for that purpose. It is…