BAKER
v.
UNITED STATES

U.S. | 1956-11-05
No. 157
352 U.S. 901 Supreme Court of the United States (1956) Negative Treatment
Cited by 6 cases

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  • Reid v. Covert, 354 U.S. 1 (U.S. 1957)
    …lusion the majority found it unnecessary to consider the power of Congress “To make Rules for the Government and Regulation of the land and naval Forces” under Article I of the Constitution. Subsequently, the Court granted a petition for rehearing, 352 U. S. 901. Now, after further argument and consideration, we conclude that the previous decisions cannot be permitted to stand. We hold that Mrs. Smith and Mrs. Covert could not constitutionally be tried by military authorities. I. At the beginning we rejec…
    1 / 2
  • …1 U. S., at 483-486. Having become convinced over the summer that the grounds on which they rested were untenable, I moved at the opening of the 1956 Term that the cases be reheard, being joined by the four Justices who had been in the minority. See 352 U. S. 901, 354 U. S. 1, 65-67.4 [*252] Upon a consolidated' rehearing of the cases, the Court’s, original opinions and the judgments of conviction were set aside, a majority of the Court then holding that whether the convictions should stand or fall depended…
  • …udice the rights and interests of the whole people and of citizens in the overseas community to secure a few rights for a small number; it would tend to break down discipline and would tend to be highly prejudicial to national prestige. . See 1958, 352 U.S. 901, 77 S.Ct. 123, 1 L.Ed.2d 92; Justice Frankfurter concurring, 354 U.S. at pages 47-49, 77 S.Ct. 1222, 1 L.Ed.2d 1148; Supplemental Brief on Rehearing for Appellant, pp. 40-63; Supplemental Brief on Rehearing for Appellee, pp. 137-59. . 354 U.S. at p…

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