Greenham Women Against Cruise Missiles v. Reagan

U.S. Court of Appeals for the Second Circuit
Greenham Women Against Cruise Missiles v. Reagan, 755 F.2d 34 (2d Cir. 1985)

Greenham Women Against Cruise Missiles v. Reagan

Opinion of the Court

PER CURIAM:

Plaintiffs appeal from Judge Edelstein’s decision dismissing their complaint on the ground that it raises non-justiciable political questions. Familiarity with Judge Edelstein’s opinion, 591 F.Supp. 1332 (S.D. N.Y. 1984), is assumed. Judge Edelstein held that decisions regarding the deployment of cruise missiles cannot be resolved by courts because of the lack of judicially discoverable and manageable standards. Without suggesting that his analysis is in any way incorrect, we believe it even clearer that the complaint of the non-congressional plaintiffs raises issues which have been committed by the Constitution to coordinate political departments, see Barry v. United States ex rel. Cunningham, 279 U.S. 597, 613, 49 S.Ct. 452, 455, 73 L.Ed. 867 (1929); Powell v. McCormack, 395 U.S. 486, 518-549, 89 S.Ct. 1944, 1962-1978, 23 L.Ed.2d 491 (1969), and requests relief which cannot be granted absent an initial policy determination of a kind clearly for nonjudicial discretion. Baker v. Carr, 369 U.S. 186, 217, 82 S.Ct. 691, 710, 7 L.Ed.2d 663 (1962), Holtzman v. Schlesinger, 484 F.2d 1307, 1310-12 (2d Cir. 1973), cert. denied, 416 U.S. 936, 94 S.Ct. 1935, 40 L.Ed.2d 286 (1974).

So far as the allegations made by the congressional plaintiffs are concerned, we believe the claims they raise are not ripe for decision, see Goldwater v. Carter, 444 U.S. 996, 997-8, 100 S.Ct. 533, 533-34, 62 L.Ed.2d 428 (1979) (Powell, J., concurring), even assuming they have standing to raise such claims, see Holtzman v. Schlesinger, 484 F.2d at 1315.

We therefore affirm.

Reference

Full Case Name
GREENHAM WOMEN AGAINST CRUISE MISSILES, an unincorporated association Rebecca Johnson Christine King, on behalf of herself and her minor child Bethen King Jean Hutchinson Susan Lamb, on behalf of herself and her minor children Jodie Lamb and Angharad Lamb Carole Harwood, on behalf of herself and her minor child Albert Harwood Deborah Law Lynne Fortt, on behalf of herself and her minor children Aaron Fortt and Ryan Fortt Nell Logan Angela Phillips, on behalf of herself and her minor children, Clara Phillips and Jacob Phillips Elizabeth Forder, on behalf of herself and her minor children Daniel Forder and Joseph Forder Carrie Pester Susan Bolton, on behalf of herself and her minor children Adam Pereira, Sophie Pereira, Jacob Pereira and Luke Bolton Simone Wilkinson, on behalf of herself and her minor children James Wilkinson and Victoria Wilkinson Congressman Ronald Dellums and Congressman Ted Weiss v. Ronald Wilson REAGAN, President of the United States Caspar Weinberger, Secretary of Defense Vern Orr, Secretary of the Air Force and John O. Marsh, Secretary of the Army, sued in their official capacities
Cited By
10 cases
Status
Published