· 9/7/2023
Maria Arbaiza, as the Representative on Behalf of the Estate of Julio Cesar Baiza Arbaiza Maria Arbaiza, Individually and as Next Friend to Julio Cesar Baiza Arbaiza's Minor Child M.A.B.A. And Julio Cesar Baiza, Sr. v. Chicas Locas, Inc. Fare Arlington T and N Incorporated Arlington Entertainment LLC Duncan Burch Bert Ezra Stair And Steven W. Craft
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).
Sourced from CourtListener / Free Law Project (CC0).
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