Opinion

Breen v. Selective Service Local Board No. 16

  • 396 U.S. 460
  • 90 S. Ct. 661
  • 24 L. Ed. 2d 653
  • 1970 U.S. LEXIS 3134
Court
Supreme Court of the United States
Filed
Jan 28, 1970
Status
Published
Author
Stewart
On the bench
Stewart, Black, Harlan, Brennan
Cited by
158 cases

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:
    District Court, D. MarylandJul 7, 1971Read it
  • 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.
    District Court, E.D. WisconsinAug 11, 1970Read it

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).

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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