Ehlert v. United States

United States Supreme Court

402 U.S. 99

Ehlert  v.  United States

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 120.  Argued: January 13, 1971 --- Decided: April 21, 1971

The refusal of petitioner's local board to reopen his classification and pass on his conscientious objector claim, made after mailing of his induction notice but before induction, on the basis of a Selective Service regulation that permitted post-induction notice reopening only for a "change in the registrant's status resulting from circumstances over which the registrant had no control, held not unreasonable as a limitation on the time within which a local board must act on such a claim, in light of the Government's assurance that one whose beliefs assertedly crystallize after mailing of an induction notice will have full opportunity to obtain an in-service determination of his claim without having to perform combatant training or service pending such disposition. Pp. 101-107.

422 F. 2d 332, affirmed.

STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, HARLAN, WHITE, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 108. BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 119.

Paul N. Halvonik argued the cause for petitioner. With him on the briefs were Stanley J. Friedman, Mortimer H. Herzstein, and Marvin M. Karpatkin.

Assistant Attorney General Rehnquist argued the cause for the United States. On the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Beatrice Rosenberg, and Marshall Tamor Golding.

Norman Leonard filed a brief for the Lawyers' Selective Service Panel of San Francisco as amicus curiae urging reversal.

Notes