Legal Opinion · Dissent

Fein v. Selective Service System Local Board No. 7

Court of Appeals for the Second Circuit

Decided July 23, 1970No. 626, Docket 33737Published

1DissentLumbard, Chief Judge

I dissent.

After lengthy correspondence, two personal interviews, and extensive personal testimonials, Dr. Fein was granted conscientious objector status by his local board. The State Director, without stating any grounds, appealed the classification, and the State Appeal Board reversed and reclassified Fein I-A. The State Appeal board gave no reasons for its decision, it did not permit Fein to submit a statement in support of his classification, and it may not even have relied solely on information in the file. In this suit to enjoin his induction Fein argues that such treatment does not meet…

2Cases cited31 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  3. Crowell v. BensonSupreme Court of the United States · 1932
  4. United States v. SeegerSupreme Court of the United States · 1965
  5. Morgan v. United StatesSupreme Court of the United States · 1938

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