Orlando v. Laird – Case Brief Summary
Summary of Orlando v. Laird, 443 F.2d 1039, cert. denied 404 U.S. 869 (2d Cir. 1971).
Facts
Orlando (P) was drafted by the United States Army to serve in Vietnam. Orlando commenced an action to enjoin Secretary of Defense Laird (D), the Secretary of the Army, and commanding officers from enforcing their deployment orders. The District Court ruled against Orlando and the Supreme Court denied certiorari.
Issue
- Is Congress’s delegation of war making authority under the Constitution a discoverable and manageable standard such that decisions to go to war are not foreclosed from judicial ruling by the political question doctrine?
Holding and Rule
- Yes. Congress’s delegation of war making authority under the Constitution is a discoverable and manageable standard such that decisions to go to war are not foreclosed from judicial ruling by the political question doctrine.
The test of is whether there is any action by Congress sufficient to authorize or ratify the military activity in question. The court held that the facts were sufficient to support a conclusion that this test had been satisfied. The form in which Congress takes to ratify the acts of the President is a political question and is outside the power and manageable standards under which this court could judge such actions. However, the court held that Congress had clearly ratified the acts of the President regarding these matters.
Disposition
Judgment affirmed.
See Baker v. Carr for a constitutional law case brief in which the United States Supreme Court set forth the factors to be considered in determining whether a case presents a political question and is therefore nonjusticiable.