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Mclucas Vs. Dechamplain

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  • US Supreme Court
  • Apr 15, 1975

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54 entries 6 linked 48 unlinked
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  1. United States Vs. Raines US Supreme Court · Feb 29, 1960
  2. Kennedy Vs. Mendoza-martinez US Supreme Court · Feb 18, 1963
  3. idlewild Bon Voyage Liquor Corp. Vs. Epstein US Supreme Court · Jun 25, 1962
  4. Schlesinger Vs. Councilman US Supreme Court · Mar 25, 1975
  5. Flemming Vs. Nestor US Supreme Court · Jun 20, 1960
    Relied / Followed
  6. Fleming Vs. Rhodes US Supreme Court · Apr 28, 1947
  7. U.S. 21 (1975) U.S. Supreme Court McLucas v. DeChamplain
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  8. U.S. 21 (1975) McLucas v. DeChamplain
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  9. martial proceedings, that the unconstitutionality of Art. 134 was clear from the Courts of Appeals decisions in Avrech v. Secretary
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  10. of the Navy, 155 U.S.App.D.C. 352, 477 F.2d 1237, and Levy v. Parker
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  11. U. S. 17 , 362 U. S. 20 . Pp. 421 U. S. 27 -32. 2. Under this Court's decisions in Parker v. Levy
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  12. U. S. 733 , and Secretary of the Navy v. Avrech
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  13. S. 32 . 3. Relief as to appellee's access claim is squarely precluded by this Court's holding in Schlesinger v. Councilman
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  14. and, finding its disposition controlled by our intervening decisions in Parker v. Levy
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  15. U. S. 733 (1974) and Schlesinger v. Councilman
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  16. It ruled that the unconstitutionality of Art. 134 was clear from the decisions of the Courts of Appeals in Avrech v. Secretary
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  17. of the Navy, 155 U.S.App.D.C. 352, 477 F.2d 1237 (1973), and Levy v. Parker
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  18. s requirement is jurisdictional, and, if it applies, a single district judge has no power to act. See, e.g., Flemming v. Nestor
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  19. judge, however, can dismiss the action for want of justiciability or general subject matter jurisdiction. Gonzalez v. Automatic
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  20. Goosby v. Oser
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  21. but because the unconstitutionality of the statute appeared settled by the Court of Appeals decision in Avrech v. Secretary
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  22. Page 421 U. S. 29 Hence, it is said, the case seemed to present a variant, however attenuated, of Bailey v. Patterson
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  23. subsequently, the Court of Appeals decision in Avrech was reversed by this Court. Secretary of the Navy v. Avrech
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  24. Gonzalez v. Automatic
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  25. and goes on to dispose of the case, an appeal lies only to the court of appeals. Idlewild Bon Voyage Liquor Corp. v. Epstein
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  26. Hicks v. Pleasure
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  27. here, that determination forms the necessary predicate to the grant or denial of preliminary equitable relief. Fleming v. Rhodes
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  28. U. S. 100 (1947). In Page 421 U. S. 31 this case, as in United States v. Raines
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  29. brings before us, not only the constitutional question, but the whole case, e.g., United States v. Raines
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  30. Page 421 U. S. 32 p. (2d ed.1973), including threshold issues of subject matter jurisdiction, United States v. American
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  31. U. S. 7 , 419 U. S. 12 n. 7 (1974), and whether a three-judge court was required, Flemming v. Nestor
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  32. that, in fact, DeChamplain's constitutional claim was always insubstantial. The Courts of Appeals decisions in Levy v. Parker
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  33. and Avrech v. Secretary
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  34. by Congress. We hold that relief as to the access claim is precluded squarely by our holding in Schlesinger v. Councilman
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  35. See United States v. Frantz
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  36. DeChamplain v. United
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  37. DeChamplain v. McLucas
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  38. The District Court also observed that, in United States v. Unrue
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  39. Appeals declined to follow the decision of the Court of Appeals for the District of Columbia Circuit in Avrech v. Secretary
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  40. Utica Mutual Insurance Co. v. Vincent
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  41. exception to the rule generally barring federal court intervention into pending court-martial proceedings. Cf. Younger v. Harris
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  42. is properly to be presented to the military tribunals. See my concurring and dissenting opinion in Schlesinger v. Councilman
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  43. U.S. Supreme Court McLucas v. DeChamplain
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  44. Avrech v. Secretary
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  45. and Levy v. Parker
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  46. Parker v. Levy
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  47. and Secretary of the Navy v. Avrech
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  48. and Schlesinger v. Councilman
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  49. of Bailey v. Patterson
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  50. Court. Secretary of the Navy v. Avrech
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