Haggerty v. Selective Service System, Local Board No. 15

OPINION

GOURLEY, District Judge:

Plaintiff, a Selective Service registrant, seeks an injunction restraining the defendant from enforcing its Order of September 8, 1970, directing plaintiff to report for induction. The defendant moved to dismiss the Complaint on the ground, inter alia, that pre-induction judicial review was precluded by Section 10(b) (3) of the Military Selective Service Act of 1967, 50 U.S.C. App. § 460(b) (3). Finding that the Complaint alleged procedures of the Board and the Secretary of the Army unauthorized by statute and violative of the Constitution, the Court concluded…