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Supreme Court· 6/21/1973

Gilligan v. Morgan

Citations

  • 413 U.S. 1
  • 93 S. Ct. 2440
  • 37 L. Ed. 2d 407
  • 1973 U.S. LEXIS 39
  • 66 Ohio Op. 2d 19

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that issues of military training are professional judgments to be made by the legislative and executive branches, not the judicial branch
  • holding that appellate court’s prospective injunctive relief against Ohio National Guard “failed to give appropriate weight to [the] separation of powers” and was nonjusticiable as framed
  • holding that the “ultimate responsibility” for decisions which are “essentially professional military judgments ... is appropriately vested in branches of the government which are periodically subject to electoral accountability”
  • holding issues of National Guard training and weaponry are essentially professional military judgments within the constitutionally vested responsibility of the legislative and executive branches, and outside the courts’ competence
  • observing that the “complex subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments .... ”
  • suggesting that the court might allow a suit against the national guard for damages

Source: CourtListener parenthetical corpus (CC0).

Judges: Burger, White, Blackmun, Powell, Rehnquist, Douglas, Brennan, Stewart, Marshall

Read full opinion on CourtListener

Cited by

429 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

Other cases named Gilligan v. Morgan

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.