Hernandez v. Veterans Administration,
415 U.S. 391 (1974)

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U.S. Supreme Court

Hernandez v. Veterans Administration, 415 U.S. 391 (1974)

Hernandez v. Veterans Administration

No. 72-700

Argued December 11, 1973

Decided March 4, 1974

415 U.S. 391


Petitioners, who were denied educational benefits under the Veterans' Readjustment Benefits Act of 1966 because, as conscientious objectors exempt from the military service who performed alternative civilian service, they were ineligible for such benefits, brought actions challenging the constitutionality, on First and Fifth Amendment grounds, of the provisions of the Act making them ineligible. The District Court dismissed the actions on the grounds that jurisdiction was barred by 38 U.S.C. § 211(a) and petitioners' constitutional claims were insubstantial and without merit. The Court of Appeals affirmed on the basis of the jurisdictional bar.

Held: Section 211(a) does not bar judicial consideration of constitutional challenges to veterans' benefits legislation. Johnson v. Robison, ante, p. 415 U. S. 361. P. 415 U. S. 393.

467 F.2d 479, vacated and remanded.

BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a statement concurring in the result, post, p. 415 U. S. 393.

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