In Gilligan, Governor of Ohio, et al. v. Morgan et al., 1972, the U.S Supreme Court ruled that federal courts should not intervene in complex matters related to military organization and training unless there is a clear violation of constitutional rights. The case was brought by students at Kent State University following the fatal shooting of four students by National Guard troops during protests against the Vietnam War in May 1970. The plaintiffs sought changes to National Guard training methods and deployment policies arguing that they were inadequate and led to unnecessary violence against civilians. However, the court held that such decisions are best left to legislative bodies or executive branches with expertise in military affairs rather than judges who lack such knowledge or experience.

In the dissenting opinion for Gilligan v. Morgan, Justice William O. Douglas argued that the Court should not have dismissed this case as a political question outside of its jurisdiction. He contended that it was within the judiciary's power to review military training practices if they potentially violated constitutional rights, such as those protected by the Eighth Amendment against cruel and unusual punishment or First Amendment free speech rights. Furthermore, he believed that courts could set standards for what constitutes acceptable training methods in non-combat situations without interfering with executive powers during times of war or insurrection. In his view, dismissing this case denied students their right to seek judicial relief from alleged abusive treatment at Kent State University by Ohio National Guardsmen.