Legal Opinion
Robert Luftig v. Robert S. McNamara Secretary of Defense
Court of Appeals for the D.C. Circuit
Decided February 6, 1967No. 20129PublishedCited by 73 opinions
1Per curiam
This is an appeal from dismissal of a suit for declaratory judgment and injunctive relief brought by Appellant, a private in the Army of the United States, to enjoin the Secretary of Defense and the Secretary of the Army from sending him to Viet Nam. He claims that American military action in Viet Nam is unconstitutional and illegal and that Appellees have no lawful authority to assign him there. 1 Appellant does not challenge the legality of his induction and does not seek release from military duty.
The complaint is entitled in terms of a suit against individual officials of the United…
2Cases cited5 opinions
- Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
- Johnson v. EisentragerSupreme Court of the United States · 1950
- Pauling v. McElroyCourt of Appeals for the D.C. Circuit · 1960
- Linus C. Pauling v. Robert S. McNamaraCourt of Appeals for the D.C. Circuit · 1964
- Emilio Eminente v. Lyndon Baines JohnsonCourt of Appeals for the D.C. Circuit · 1966
3Cited by73 opinions
- Lane v. HalliburtonCourt of Appeals for the Fifth Circuit · 2008
- National Treasury Employees Union v. Richard M. Nixon, Individually and as President of the United StatesCourt of Appeals for the D.C. Circuit · 1974
- Holtzman v. SchlesingerCourt of Appeals for the Second Circuit · 1973
- State v. MarleyHawaii Supreme Court · 1973
- Nathaniel Holmes v. Melvin Laird, as Secretary of the United States Department of DefenseCourt of Appeals for the D.C. Circuit · 1972
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