Clifford J. Johnson v. Secretary of Defense Caspar Weinberger

BEEZER, Circuit Judge:

Appellant, a resident of California, alleges that the implementation of United States strategic defense policy, specifically Launch on Warning (“LOW”), 1 is unconstitutional. Appellant asserts that LOW relies on “error-prone[d]” computers for its implementation, thus increasing the likelihood that nuclear missiles will be launched prior to a positive, human identification of a nuclear attack on the United States. He asserts that LOW deprives him of due process and that LOW deprives the President and Congress of their constitutional prerogatives regarding commencement and…