Secretary of the Navy v. Avrech - 418 U.S. 676 (1974)

U.S. Supreme Court

Secretary of the Navy v. Avrech, 418 U.S. 676 (1974)

Secretary of the Navy v. Avrech

No. 72-1713

Argued February 20, 1974

Decided July 8, 1974

418 U.S. 676

Syllabus

This Court will not decide whether the District Court had jurisdiction of an action challenging a court-martial conviction under Art. 80 of the Uniform Code of Military Justice of an attempt to commit an offense under Art. 134, on the ground, inter alia, that Art. 134 is unconstitutionally vague, since, assuming, arguendo, that the District Court did have jurisdiction, the decision in Parker v. Levy, 417 U. S. 733, requires reversal of the Court of Appeals' decision on the merits reversing the District Court's denial of relief and holding that Art. 134 is unconstitutionally vague.

155 U.S.App.D.C. 352, 477 F.2d 1237, reversed.