400 U.S. 1014 (1971)

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U.S. Supreme Court

WEINTRAUB v. U.S , 400 U.S. 1014 (1971)

400 U.S. 1014

Mark WEINTRAUB, petitioner,
No. 5961.

Supreme Court of the United States

January 18, 1971

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.


Mr. Justice DOUGLAS, dissenting.

I dissent from a denial of certiorari in this case.

The Selective Service Regulations1 provide the sequence in which registrants shall be ordered to report for induction. Petitioner was in the group of nonvolunteers who are to be inducted 'in the order of their dates of birth with the oldest being selected first.'2

It seems clear that the order of call provisions are mandatory and that the local board's failure to observe them is a defense to an indictment. [Footnote 3] On the trial of

Page 400 U.S. 1014 , 1015

petitioner for failure to submit to induction, his counsel proffered evidence that some 18 registrants older than this petitioner and classified as I-A were available for in- [400 U.S. 1014 , 1016]

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