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Holtzman v. Schlesinger

United States Court of Appeals for the Second Circuit

484 F.2d 1307 (1973)

Relevant factsFree

After U.S. ground forces left Cambodia, American air forces (defendants) continued bombing Cambodian Communist targets; Congress passed a bill cutting off funding for the bombings, President Nixon vetoed it, and the House failed to override the veto, after which Congress and the President instead agreed to permit continued operations only until August 15, 1973. The district court nonetheless ruled the bombing unauthorized and enjoined further U.S. military activity in Cambodia, and the government appealed.

IssueFree

Whether the allocation of responsibility between the President and Congress over continued participation in a war is a nonjusticiable political question.

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