pre-induction review permitted where Selective Service Board ordered petitioner to report for induction despite fact that he was admittedly entitled by law to a student deferment
How later courts described this case
- pre-induction review permitted where Selective Service Board ordered petitioner to report for induction despite fact that he was admittedly entitled by law to a student deferment
- delinquency reclassification for Breen’s surrender of his draft registration card at a public gathering to protest United States involvement in the Vietnam war
- denial of II-S deferment for delinquency held to be a “clear departure by the Board from its statutory mandate”
Written by the judges who cited it.
Distinguished
Distinguished by Fine v. Tarr, 330 F. Supp. 573 (1971)
On appeal, the tenth circuit affirmed, holding that Oestereich and Breen were factually distinguishable:
Distinguished by McCormick ex rel. McCormick v. Selective Service Local Board No. 41, 316 F. Supp. 974 (1970)
On this basis, Oestereich and Breen are distinguishable.
The opinion
Mr. Justice Stewart,
with whom The Chief Justice joins, concurring in part.
For the reasons expressed by Mr. Justice Brennan, I join the opinion of the Court insofar as it holds that the District Court had jurisdiction to entertain the petitioner’s suit and should have granted him the injunction he sought. I do not, however, join the Court’s opinion insofar as it holds that the delinquency regulations have not been authorized by Congress. See Gutknecht v. United States, ante, p. 314 (concurring in judgment).