1973 Term Summary and Analysis

When the US was bombing Cambodia in July 1973, a New York District Court issued an injunction to halt the bombing. The Court of Appeals lifted the injunction and the American Civil Liberties Union appealed to the Supreme Court in July, when the Court was in recess. Marshall held an emergency hearing in his chambers and issued an order refusing to halt the bombings. The ACLU had the right to appeal to another Justice, and sent their staff to Goose Prairie to find Justice Douglas. Douglas agreed to hear the appeal. Douglas ended the stay, thus allowing the district court to order a halt to the bombing. The government tried to get Marshall to stop the district court from ordering a halt to the bombing. Marshall consulted with the other Justices and wrote an order. Douglas fired back with a dissent challenging...