406 U.S. 977 | SCOTUS | 1972
Dissenting Opinion
dissenting.
This case involves an apparently lawless action by a Selective Service Board.
The Regulations
“A majority of the members of the local board shall constitute a quorum for the transaction of business. A majority of the members present at any meeting at which a quorum is present shall decide any question or classification. . . . Every member present . . . shall vote on every question or classification.”
While petitioner had been classified as I-A and was ordered to report for induction,
We talk much about law and order. But when we allow a Selective Service Board to act beyond the law, we embark upon a course of conduct that inflames an area already charged with emotions. Those charged with the responsibility of disposing of the lives and liberties of men should be the most meticulous in observing the Regulations which govern them.
I would grant this petition and set the case for argument.
32 CFR § 1604.56.
Petitioner was convicted of failure to report for induction and his defense was the Board’s failure to follow the Regulations.
The order was mailed March 13, 1970, directing him to report on April 21, 1970.
Lead Opinion
C. A. 9th Cir. Certiorari denied.