Legal Opinion
Orlando v. Laird
Court of Appeals for the Second Circuit
Decided April 20, 1971No. Nos. 477, 478, Dockets 35270, 35535PublishedCited by 53 opinions
1Opinion of the Court
ANDERSON, Circuit Judge:
Shortly after receiving orders to report for transfer to Vietnam, Pfc. Malcolm A. Berk and Sp. E5 Salvatore Orlando, enlistees in the United States Army, commenced separate actions in June, 1970, seeking to enjoin the Secretary of Defense, the Secretary of the Army and the commanding officers, who signed their deployment orders, from enforcing them. The plaintiffs-appellants contended that these executive officers exceeded their constitutional authority by ordering them to participate in a war not properly authorized by Congress.
In Orlando’s case the district court…
2Cases cited5 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Powell v. McCormackSupreme Court of the United States · 1969
- Berk v. LairdCourt of Appeals for the Second Circuit · 1970
- Berk v. LairdDistrict Court, E.D. New York · 1970
- Orlando v. LairdDistrict Court, E.D. New York · 1970
3Cited by53 opinions
- Holtzman v. SchlesingerCourt of Appeals for the Second Circuit · 1973
- In Re Grand Jury Subpoena of Alphonse PersicoCourt of Appeals for the Second Circuit · 1975
- The Honorable Parren J. Mitchell v. Melvin R. LairdCourt of Appeals for the D.C. Circuit · 1973
- Egnal v. CommissionerUnited States Tax Court · 1975
- Senator Barry Goldwater v. James Earl Carter, President of the United StatesCourt of Appeals for the D.C. Circuit · 1979
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