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Mclucas Vs. Dechamplain
Cites for this judgment
- US Supreme Court
- Apr 15, 1975
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U.S. 21 (1975) U.S. Supreme Court McLucas v. DeChamplainSearch
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U.S. 21 (1975) McLucas v. DeChamplainSearch
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martial proceedings, that the unconstitutionality of Art. 134 was clear from the Courts of Appeals decisions in Avrech v. SecretarySearch
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of the Navy, 155 U.S.App.D.C. 352, 477 F.2d 1237, and Levy v. ParkerSearch
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U. S. 17 , 362 U. S. 20 . Pp. 421 U. S. 27 -32. 2. Under this Court's decisions in Parker v. LevySearch
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U. S. 733 , and Secretary of the Navy v. AvrechSearch
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S. 32 . 3. Relief as to appellee's access claim is squarely precluded by this Court's holding in Schlesinger v. CouncilmanSearch
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and, finding its disposition controlled by our intervening decisions in Parker v. LevySearch
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U. S. 733 (1974) and Schlesinger v. CouncilmanSearch
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It ruled that the unconstitutionality of Art. 134 was clear from the decisions of the Courts of Appeals in Avrech v. SecretarySearch
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of the Navy, 155 U.S.App.D.C. 352, 477 F.2d 1237 (1973), and Levy v. ParkerSearch
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s requirement is jurisdictional, and, if it applies, a single district judge has no power to act. See, e.g., Flemming v. NestorSearch
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judge, however, can dismiss the action for want of justiciability or general subject matter jurisdiction. Gonzalez v. AutomaticSearch
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Goosby v. OserSearch
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but because the unconstitutionality of the statute appeared settled by the Court of Appeals decision in Avrech v. SecretarySearch
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Page 421 U. S. 29 Hence, it is said, the case seemed to present a variant, however attenuated, of Bailey v. PattersonSearch
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subsequently, the Court of Appeals decision in Avrech was reversed by this Court. Secretary of the Navy v. AvrechSearch
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Gonzalez v. AutomaticSearch
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and goes on to dispose of the case, an appeal lies only to the court of appeals. Idlewild Bon Voyage Liquor Corp. v. EpsteinSearch
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Hicks v. PleasureSearch
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here, that determination forms the necessary predicate to the grant or denial of preliminary equitable relief. Fleming v. RhodesSearch
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U. S. 100 (1947). In Page 421 U. S. 31 this case, as in United States v. RainesSearch
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brings before us, not only the constitutional question, but the whole case, e.g., United States v. RainesSearch
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Page 421 U. S. 32 p. (2d ed.1973), including threshold issues of subject matter jurisdiction, United States v. AmericanSearch
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U. S. 7 , 419 U. S. 12 n. 7 (1974), and whether a three-judge court was required, Flemming v. NestorSearch
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that, in fact, DeChamplain's constitutional claim was always insubstantial. The Courts of Appeals decisions in Levy v. ParkerSearch
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and Avrech v. SecretarySearch
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by Congress. We hold that relief as to the access claim is precluded squarely by our holding in Schlesinger v. CouncilmanSearch
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See United States v. FrantzSearch
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DeChamplain v. UnitedSearch
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DeChamplain v. McLucasSearch
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The District Court also observed that, in United States v. UnrueSearch
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Appeals declined to follow the decision of the Court of Appeals for the District of Columbia Circuit in Avrech v. SecretarySearch
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Utica Mutual Insurance Co. v. VincentSearch
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exception to the rule generally barring federal court intervention into pending court-martial proceedings. Cf. Younger v. HarrisSearch
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is properly to be presented to the military tribunals. See my concurring and dissenting opinion in Schlesinger v. CouncilmanSearch
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U.S. Supreme Court McLucas v. DeChamplainSearch
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Avrech v. SecretarySearch
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and Levy v. ParkerSearch
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Parker v. LevySearch
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and Secretary of the Navy v. AvrechSearch
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and Schlesinger v. CouncilmanSearch
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of Bailey v. PattersonSearch
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Court. Secretary of the Navy v. AvrechSearch
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