United States ex rel. Zelman v. Carpenter

LUMBARD, Circuit Judge:

Donald Zelman was classified I-A by his local draft board and issued a notice of induction. After exhausting his administrative appeals, he sought a writ of habeas corpus which was granted in Western District of New York on the ground that the draft board had had no basis in fact for issuing the I-A classification. The United States has appealed. We reverse.

Judicial review of a draft board’s classification of a registrant has always been restricted to determining whether the board had a “basis in fact” for its determination. Estep v. United States, 327 U.S. 114,…