Opinion

Khalsa v. Weinberger

  • 759 F.2d 1411
Court
Court of Appeals for the Ninth Circuit
Filed
May 7, 1985
Status
Published
Author
Boochever
On the bench
Beezer, Boochever
Cited by
1 cases
Authority
More cited than 19.5%

The opinion

BOOCHEVER, Circuit Judge,

concurring:

I concur in the result because I agree that we are bound by the authorities cited in the opinion in our review of military decisions. Otherwise, I would be inclined to apply the same standard used by the Supreme Court to review congressional decision-making about the military, and determine whether the military, in exercising its discretion, properly examined alternatives to the regulations at issue in an effort to minimize the burden on the free exercise of religious beliefs. See Rostker v. Goldberg, 453 U.S. 57, 70-74 , 101 S.Ct. 2646, 2654-56 , 69 L.Ed.2d 478 (1981) (deferring to Congress’ “studied choice” not to draft worn- *1418 en); Schlesinger v. Ballard, 419 U.S. 498, 508-10 , 95 S.Ct. 572, 577-78 , 42 L.Ed.2d 610 (1975) (discussing legislative history as showing Congress’ rational basis for establishing different promotion requirements for men and women in the Navy).

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.

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