Legal Opinion · Dissent

United States v. David Lewis Worstell, United States of America v. Lawrence Demangone

Court of Appeals for the Third Circuit

Decided February 19, 1970No. 17625_1Published

1DissentMcLAUGHLIN, Circuit Judge

Admittedly, the majority opinion is wholly based on its proposition that an undergraduate student deferment is no different than a statutory exemption as a divinity student. While that theory has not been directly before the Supreme Court, the latter in Oestereich carefully confined its holding, as it states time after time, to the statutory exemption granted divinity students. There is not one word in the opinion to in any way justify the pronouncement that the ordinary student deferment, which is everything we have here, is at all similar to the conceded statutory exemption as a student of…

2Cases cited6 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Clark v. GabrielSupreme Court of the United States · 1968
  3. National Student Association, Inc. v. Lewis B. HersheyCourt of Appeals for the D.C. Circuit · 1969
  4. Marc Belding Anderson v. General Lewis B. Hershey, National Director, Selective Service SystemCourt of Appeals for the Sixth Circuit · 1969
  5. United States v. David Earl GutknechtCourt of Appeals for the Eighth Circuit · 1969

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