United States ex rel. Zelman v. Carpenter

(dissenting) :

I emphatically dissent from this reversal of an experienced district judge who is certainly more familiar than any of us with what constitutes “extreme hardship” for a widow in Buffalo. The basis of the reversal is an afterthought never mentioned by the local draft board and first dreamed up by a government attorney in searching for some way to convince the district judge that the board had not acted arbitrarily. But that is exactly how the board appears to have acted, first pressuring appellee Donald Samuel Zelman to join the Reserves or the National Guard and then, when he…