1. Home
  2. Browse Decisions
  3. U.S.
  4. 517 U.S.
  5. 517 U.S. 748 (1996)
 

LOVING v. UNITED STATES

No. 94-1966.

517 U.S. 748 (1996)

116 S.Ct. 1737

135 L.Ed.2d 36

LOVING v. UNITED STATES

Supreme Court of United States.

Decided June 3, 1996.

Attorney(s) appearing for the Case

John H. Blume argued the cause for petitioner. With him on the briefs were Teresa L. Norris, Roy H. Hewitt, Fran W. Walterhouse, and Walter S. Weedman.

Deputy Solicitor General Kneedler argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Miguel A. Estrada, and John F. De Pue.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Souter, Ginsburg, and Breyer, JJ., joined, and in which O'Connor and Scalia, JJ., joined as to Parts I, II, III, IV-B, and IV-C. Stevens, J., filed a concurring opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 774. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which O'Connor, J., joined, p. 775. Thomas, J., filed an opinion concurring in the judgment, p. 777.

Justice Kennedy, delivered the opinion of the Court.

The case before us concerns the authority of the President, in our system of separated powers, to prescribe aggravating factors that permit a court-martial to impose the death penalty upon a member of the Armed Forces convicted of murder.

I

On December 12, 1988, petitioner Dwight Loving, an Army private stationed at Fort Hood, Texas, murdered two taxicab...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases