Schlesinger v. Councilman
420 U.S. 738 · Decided March 25, 1975 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Schlesinger v. Councilman was decided on March 25, 1975 by a vote of 6–3. The Court reversed the lower court's decision. Justice Lewis F. Powell Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Military, active duty” in the Civil Rights area.
Read the opinion
Case details
- Citations
- 420 U.S. 738 · 95 S. Ct. 1300 · 43 L. Ed. 2d 591 · 1975 U.S. LEXIS 51
- Docket number
- 73-662
- Decided
- March 25, 1975
- Argued
- December 10, 1974
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- Lewis F. Powell Jr.
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Military, active duty
- Issue area
- Civil Rights
- Legal provision
- Uniform Code of Military Justice
- Type of law
- Federal statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Special concurrence | Wrote an opinion |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | Wrote an opinion |
| Justice William H. Rehnquist | Majority |
Full case caption
Schlesinger, Secretary of Defense, et al. v. Councilman
SCDB identifiers: case 1974-076, docket 1974-076-01.
Related decisions
Other cases on “Military, active duty”
- McLucas v. Dechamplain
- Schick v. Reed
- Secretary of the Navy v. Avrech
- Parker v. Levy
- Cass v. United States
- United States v. Larionoff
Cases on the same legal provision: Uniform Code of Military Justice
Same Term, same area (Civil Rights)
- Saxbe v. Bustos
- Schick v. Reed
- Sosna v. Iowa
- Schlesinger v. Ballard
- Taylor v. LouisianaAltered precedentLaw held unconstitutional
- United States v. Mazurie
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error