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Orlando v. Laird
United States Court of Appeals for the Second Circuit
443 F.2d 1039 (2d Cir.), 404 U.S. 869 (1971)
Malcolm A. Berk and Salvatore Orlando (plaintiffs) were enlistees in the United States Army who received orders to report for transfer to Vietnam. The plaintiffs commenced actions in June 1970 to prevent the Secretary of Defense, the Secretary of the Army, and the commanding officers who signed their deployment orders (defendants) from enforcing them. The enlistees argued that the executive officers had exceeded their constitutional authority by ordering them to participate in a war that was not properly authorized by Congress.
Rule of Law
Holding and Reasoning (Anderson, J.)
Concurrence (Kaufman, J.)
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