Opinion

Brown v. McNamara

  • 387 F.2d 150
  • 1967 U.S. App. LEXIS 4431
Court
Court of Appeals for the Third Circuit
Filed
Nov 24, 1967
Status
Published
Author
Staley
On the bench
Dusen, Maris, Staley
Cited by
46 cases
Authority
More cited than 18.4%

cert. denied Brown v. Clifford, 390 U.S. 1005, 88 S.Ct. 1244, 20 L. Ed.2d 105 (April 2, 1968)

How later courts described this case

  • cert. denied Brown v. Clifford, 390 U.S. 1005, 88 S.Ct. 1244, 20 L. Ed.2d 105 (April 2, 1968)
  • arbitrary and capricious standard employed to review conscientious objector’s substantive due process claim

Written by the judges who cited it.

The opinion

STALEY, Chief Judge

(concurring).

I concur in the affirmance of the district court’s denial of the writ. I also agree with the majority opinion insofar as it affirms the finding of the district court that the administrative procedure used by the Army did not deny the appellant procedural due process. However, I agree with the district court’s conclusion that federal courts should refuse to accept subject matter jurisdiction to pass on the factual adequacy of the Army’s decision. 263 F.Supp. at 692-693. As stated in the opinion below, the exercise of such jurisdiction has properly been held to be unduly disruptive of the operation of the armed forces, and contrary to the doctrine of the separation of powers. Orloff v. Willoughby, 345 U.S. 83, 93-94 , 73 S.Ct. 534 , 97 L.Ed. 842 (1953); Harmon v. Brucker, 243 F.2d 613, 619 (C.A.D.C., 1957) rev’d on other grounds, 355 U.S. 579 , 78 S.Ct. 433 , 2 L.Ed.2d 503 (1958).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.