Schlesinger v. Holtzman

Schlesinger v. Holtzman, 414 U.S. 1321 (1973), was a case decided by the Supreme Court of the United States involving the Constitution's War Powers Clause.

On April 29, 1970, President Richard Nixon ordered the Cambodian Campaign, a secret military invasion lacking congressional approval.

Brooklyn Congresswoman Elizabeth Holtzman voted against the compromise, then sued Defense Secretary James R. Schlesinger to immediately stop the bombings.

Justice Marshall declined to order the military to stop bombing, on August 1, writing "the proper response to an arguably illegal action is not lawlessness by judges charged with interpreting and enforcing the laws.

[9] Justice Douglas met with the Congresswoman’s ACLU lawyers at his home in Goose Prairie, Washington and promised them a hearing the next day.

[7] Six hours later, on August 4, Justice Marshall effectively undid Douglas’s ruling by staying the District Court’s injunction.

[citation needed] Congress next passed the War Powers Resolution, which requires the President to receive congressional approval for all new hostilities after sixty days.