Cite as: 510 U. S. 163 (1994)
Opinion of the Court
berg, 453 U. S. 57, 67 (1981); Middendorf v. Henry, 425 U. S. 25, 43 (1976). But in determining what process is due, courts "must give particular deference to the determination of Congress, made under its authority to regulate the land and naval forces, U. S. Const., Art. I, § 8." Ibid. Petitioners urge that we apply the due process analysis established in Mathews v. Eldridge, 424 U. S. 319, 334-335 (1976). The Government contends that Medina v. California, 505 U. S. 437 (1992), supplies the appropriate analytical framework.
Neither Mathews nor Medina, however, arose in the military context, and we have recognized in past cases that "the tests and limitations [of due process] may differ because of the military context." Rostker, supra, at 67. The difference arises from the fact that the Constitution contemplates that Congress has "plenary control over rights, duties, and responsibilities in the framework of the Military Establishment, including regulations, procedures, and remedies related to military discipline." Chappell v. Wallace, 462 U. S. 296, 301 (1983). Judicial deference thus "is at its apogee" when reviewing congressional decisionmaking in this area. Rostker, supra, at 70. Our deference extends to rules relating to the rights of servicemembers: "Congress has primary responsibility for the delicate task of balancing the rights of servicemen against the needs of the military. . . . [W]e have adhered to this principle of deference in a variety of contexts where, as here, the constitutional rights of servicemen were implicated." Solorio v. United States, 483 U. S. 435, 447- 448 (1987).
We therefore believe that the appropriate standard to apply in these cases is found in Middendorf, supra, where we also faced a due process challenge to a facet of the military justice system. In determining whether the Due Process Clause requires that servicemembers appearing before a summary court-martial be assisted by counsel, we asked "whether the factors militating in favor of counsel at summary courts-martial are so extraordinarily weighty as to
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