Robert Andre v. Stanley R. Resor, Secretary of the Army

The order of the United States District Court, directing that a writ of habeas corpus issue, is affirmed. 1

Robert Andre, the petitioner-appellee, is presently serving in the armed forces of the United States pursuant to a Selective Service Board order to report for induction, based upon the delinquency regulations appearing in 32 CFR part 1642, which purport to vest a Board with power to accelerate induction of delinquent registrants.

But those regulations, to the extent they provided for such induction, lacked legislative authorization. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506,…