Schlesinger v. Councilman ( 1975 )

Mr. Chief Justice Burger,

concurring in the judgment.

I concur in the judgment because I believe that Art. 76 of the UCMJ applies only to postjudgment attacks upon the proceedings of courts-martial and that the District Court should have dismissed the complaint on the basis of Younger v. Harris, 401 U. S. 37 (1971).