SHIFFMAN v. SELECTIVE SERVICE LOCAL BOARD NO.5 - 391 U.S. 930 (1968)


U.S. Supreme Court

SHIFFMAN v. SELECTIVE SERVICE LOCAL BOARD NO.5 , 391 U.S. 930 (1968)

391 U.S. 930

SHIFFMAN
v.
SELECTIVE SERVICE BOARD NO. 5.

ZIGMOND
v.
SELECTIVE SERVICE BOARD NO. 5.

Nos. ___ and ___.

Supreme Court of the United States

October Term, 1967.

May 27, 1968

For memorandum decisions of the court see 391 U.S. 930.

Mr. Justice STEWART, concurring.

In voting to deny these applications, I intimate no view upon the merits of the applicants' substantive claims, which are not now before us.

Mr. Justice DOUGLAS, dissenting.

In these cases the Court of Appeals for the First and Second Circuits have held that 10(b)(3) of the Military Selective Service Act, 50 U.S.C. App. 460(b)(3),1

Page 391 U.S. 930 , 931

precludes preinduction judicial review of action taken against the two applicants by their local draft boards. They seek stays of induction into the Armed Forces until this Court has acted on certiorari petitions they will file, arguing that 10(b)(3) is inapplicable or may not constitutionally be applied to require registrants either to forego the exercise of First Amendment rights or to vindicate them by defending a criminal prosecution. [Footnote 2]

Applicant Shiffman's Local Board declared him delinquent, canceled his II-A occupational deferment and reclassified him I-A after Shiffman had 'turned in' his draft classification card to the Government in an antiwar protest. He was then ordered to report for induction. Applicant Zigmond was classified I-A, but, having reached the age of 26, should ordinarily not have been called for induction until younger eligible registrants in the draft pool had been taken (see 32 CFR 1631.7). Nevertheless, he received a delinquency notice followed by his induction notice soon after 'turning in' to the Government both his draft registration and classification certificates as a sign of protest. [391 U.S. 930 , 932]




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