San Diego Committee Against Registration and the Draft (Card), Plaintiff v. The Governing Board of the Grossmont Union High School District

I first address a preliminary problem with the majority disposition. I believe the majority is far too generous in considering a document which does not purport to be a notice of appeal as complying with Fed.R. App.P. 4(a). I cannot distinguish Selph v. Council of the City of Los Angeles, 593 F.2d 881 (9th Cir.1979), from this case and, therefore, conclude we have no jurisdiction to hear this appeal.

If this were the only vice of the majority disposition, my separate opinion would be brief. But the majority has run afoul of Supreme Court precedent on a fundamental issue. Last Term, in…