Legal Opinion
Berk v. Laird
Court of Appeals for the Second Circuit
Decided June 19, 1970No. 900, Docket 35007PublishedCited by 40 opinions
1Opinion of the Court
ANDERSON, Circuit Judge.
Malcolm A. Berk, a private first class enlisted in the United States Army, received orders on April 29, 1970, requiring him to report to Fort Dix, New Jersey, for dispatch to South Vietnam. On June 3, he commenced on action against the Secretary of Defense, Secretary of the Army, and the officer who signed his orders, contending that these executive officials of the United States Government have exceeded their constitutional authority by commanding him to participate in military activity not properly authorized by Congress. His complaint alleges that these orders…
2Cases cited15 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Powell v. McCormackSupreme Court of the United States · 1969
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
10 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Theodore W. Kheel v. The Port of New York AuthorityCourt of Appeals for the Second Circuit · 1972
- Dotson v. GriesaCourt of Appeals for the Second Circuit · 2005
- Doe v. United States Civil Service CommissionDistrict Court, S.D. New York · 1980
- Bernard Williams v. William P. Rogers, Secretary of StateCourt of Appeals for the Eighth Circuit · 1971
- Atlee v. LairdDistrict Court, E.D. Pennsylvania · 1972
35 more not listed; retrieve them via the Exa API.