Veterans of the Abraham Lincoln Brigade v. Attorney General of the United States

When this case was last before us, Veterans of Abraham Lincoln Brigade v. Attorney General, 133 U.S.App.D.C. 222, 409 F.2d 1139 (1969), Judge Pretty-man, writing for the majority, had ordered a remand “for hearing on certain phases” of the appellants’ claim. I dissented, firmly of the opinion that the door then was being opened to permit, on constitutional grounds, a long-belated attack upon the power of the Executive. My dissent there recited language posed by appellants themselves on brief as they challenged their having been listed. I felt that their long delay in seeking such relief…