Rudy Perpich, Governor of Minnesota, et al. v. Department of Defense, et al.

Decided June 11, 1990. John Paul Stevens delivered the opinion of the Court.

Docket 89-542 · 496 U.S. 334 (1990) · Cited 167 times

Holding

Article I's plain language, read as a whole, establishes that Congress may authorize members of the National Guard of the United States to be ordered to active federal duty for purposes of training outside the United States without either the consent of a State Governor or the declaration of a national emergency.

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

How the Justices voted

Decided 9–0.

“Concurring” means agreeing with the outcome; any split shown is the Court’s judgment, not each Justice’s reasoning. Source: the Supreme Court Database (Spaeth et al.), Washington University.

Precedents cited

Supreme Court decisions this opinion relies on, ordered by how often it cites each. Cases in our collection link through; others are named.

• United States v. Curtiss-Wright Export Corp. · 299 U.S. 304 (1936)
• Tarble's Case · 80 U.S. 397 (1872)

Cited by

Later Supreme Court opinions in our collection that cite this case.

• District of Columbia v. Heller · 554 U.S. 570 (2008)
• Torres v. Texas Department of Public Safety · 597 U.S. 580 (2022)

Official text

Read the official opinion (U.S. Reports, govinfo.gov)

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Source: Supreme Court of the United States, slip opinions (1990). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-03. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).