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Sarnoff v. Connally

United States Court of Appeals, Ninth Circuit
Mar 27, 1972
457 F.2d 809 (9th Cir. 1972)

Summary

dismissing challenge to Vietnam war

Summary of this case from Taxpayers of United States of America v. Bush

Opinion

No. 71-3049.

March 27, 1972.

George T. Altman, Beverly Hills, Cal., for plaintiffs-appellants.

William D. Keller, U.S. Atty., Frederick M. Brosio, Jr., Carolyn M. Reynolds, Asst. U.S. Attys., Los Angeles, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before HAMLEY, BROWNING, and WRIGHT, Circuit Judges.


Appellants seek a judicial determination that the military assistance and foreign aid provisions of the Foreign Assistance Act of 1961, as amended, specifically 22 U.S.C. § 2318, 2360, and 2364, are an invalid delegation to the Executive of power to wage war without a congressional declaration of war, because of the disbursement of funds under these sections for military purposes in Southeast Asia.

The conduct of foreign affairs is within the exclusive province of Congress and the Executive. Whether a plaintiff challenges the selective service system or the foreign aid and appropriations aspects of congressional cooperation in the present conflict, he presents a political question which we decline to adjudicate. See DaCosta v. Laird, 448 F.2d 1368 (2d Cir. 1971); Orlando v. Laird, 443 F.2d 1039 (2d Cir. 1971), cert. denied, 404 U.S. 869, 92 S.Ct. 94, 30 L.Ed.2d 113 (1971); Simmons v. United States, 406 F.2d 456, 460 (5th Cir. 1969), cert. denied, 395 U.S. 982, 89 S.Ct. 2144, 23 L.Ed.2d 770 (1969); Luftig v. McNamara, 126 U.S.App.D.C. 4, 373 F.2d 664 (1967), cert. denied, 387 U.S. 945, 87 S.Ct. 2078, 18 L.Ed.2d 1332 (1967).

Dismissal of the complaint is affirmed.


Summaries of

Sarnoff v. Connally

United States Court of Appeals, Ninth Circuit
Mar 27, 1972
457 F.2d 809 (9th Cir. 1972)

dismissing challenge to Vietnam war

Summary of this case from Taxpayers of United States of America v. Bush
Case details for

Sarnoff v. Connally

Case Details

Full title:IRVING SARNOFF ET AL., PLAINTIFFS-APPELLANTS, v. JOHN B. CONNALLY…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 27, 1972

Citations

457 F.2d 809 (9th Cir. 1972)

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