393 U.S. 802 (1968)

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U.S. Supreme Court

MORSE v. BOSWELL , 393 U.S. 802 (1968)

393 U.S. 802

Bradish G. MORSE et al. v. BOSWELL et al.

Jeffrey S. BERKE et al. v. MacLAUGHLIN.

Phillip A. MIAZGA et al. v. MacLAUGHLIN.


Joe Don LOONEY et al. v. MacLAUGHLIN.

Supreme Court of the United States October 7, 1968

For opinions of the Court see 393 U.S. 802 and 42, 21 L. ed.2d 86.

Mr. Justice DOUGLAS, dissenting.

On April 10, 1968, the President deligated to the Secretary of Defense power to activate units of the Ready Reserve. 1 On the following day, after receiving

Page 393 U.S. 802 , 803

a similar delegation of authority to activate such units from the Secretary of Defense,2 the Secretary of the Army called several units of the Ready Reserves and their members to active duty. [Footnote 3] Applicants, who are members of those units, are challenging that call to active duty on the ground that it exceeds the authority of the Secretary of the Army, and is a violation of their enlistment contracts. After unsuccessfully seeking release from active duty by writ of habeas corpus, and before being able to petition this Court for certiorari, applicants were prepared for immediate shipment to Vietnam. To preserve their avenues of review they sought and I granted interim stays pending submission of the stay applications to the full Court. [Footnote 4] The question now before the Court, therefore, is whether these stays should continue pending our consideration of their petitions for certiorari.

Questions underlying the merits, which have already produced some judicial disagreement,5 are twofold:6 first, an alleged usurpation by the Secretary of the [393 U.S. 802 , 804]

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