# Breen v. Selective Service Local Board No. 16

> Supreme Court of the United States · January 28, 1970 · 396 U.S. 460

URL: https://www.frixlaw.com/law-library/cases/9424155

## Case

- **Full name:** BREEN v. SELECTIVE SERVICE LOCAL BOARD NO. 16 Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** January 28, 1970
- **Citations:** 396 U.S. 460; 90 S. Ct. 661; 24 L. Ed. 2d 653; 1970 U.S. LEXIS 3134
- **Precedential status:** Published
- **Opinion:** Concurrence by Brennan
- **Judges:** Stewart, Black, Harlan, Brennan
- **Cited by:** 158 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9424155

## Opinion text

Mr. Justice Brennan,
concurring.
In Oestereich v. Selective Service Board, 393 U. S. 233 (1968), I joined Mr. Justice Stewart’s dissent expressing the view that § 10 (b) (3) was designed to permit judicial review of draft classifications only in connection with criminal prosecutions or habeas corpus proceedings, 393 IJ. S., at 245. But continued adherence to that construction is foreclosed by the Court’s holding in that case that § 10 (b) (3) did not preclude pre-induction judicial review of the case of a registrant entitled to a statutory *470 exemption. Therefore, because I too “fail to see any relevant practical or legal differences between exemptions and deferments,” I join the opinion of the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9424155. Public record. Not legal advice.