Weiss v. United States

Weiss v. United States
Argued November 3, 1993
Decided January 19, 1994
Full case nameEric J. Weiss v. United States
Citations510 U.S. 163 (more)
114 S. Ct. 752; 127 L. Ed. 2d 1
Case history
PriorUnited States v. Weiss, 36 M.J. 224 (C.M.A. 1992); cert. granted, 508 U.S. 939 (1993).
Holding
1. The assignment by Congress of germane duties to an existing officer of the United States does not require the reappointment of the incumbent officer prior to exercising those duties.
2. Commissioned military officers may be assigned to duty as military judges without being reappointed under the Appointments Clause.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Harry Blackmun · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Case opinion
MajorityRehnquist, joined by unanimous
Laws applied
U.S. Const. art. II, § 2, cl. 2

Weiss v. United States, 510 U.S. 163 (1994), is a Supreme Court of the United States case which held that commissioned military officers, who are appointed by the president of the United States by and with the advice and consent of the United States Senate, may be assigned to act as military judges without the need to be confirmed a second time by the Senate.


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