Legal Opinion · Concurring in the judgment

United States v. Anthony Lewis Griffin

Court of Appeals for the Sixth Circuit

Decided November 19, 1970No. 20010_1Published

1Concurring in the judgmentBrooks, Circuit Judge

I concur in the judgment reached in this case. I disagree, however, with the Court’s conclusion that a “lack of understanding [of the relevant criteria for a ministerial exemption] does not require reversal when the record demonstrates that both the local board and appeals board considered the claim for ministerial exemption and there is a basis in fact in the record to support the conclusion. * * * ” To so hold extends judicial review of Selective Service classifications beyond the statutory authorization and the case law of Robertson v. United States, 417 F.2d 440 (5th Cir. 1969), and…

2Cases cited17 opinions

  1. Dickinson v. United StatesSupreme Court of the United States · 1953
  2. Sicurella v. United StatesSupreme Court of the United States · 1955
  3. Parrott v. United StatesCourt of Appeals for the Ninth Circuit · 1966
  4. Clinton Roy Petrie v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  5. Dale Verne Deremer v. United StatesCourt of Appeals for the Eighth Circuit · 1965

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