Legal Opinion

United States v. Stephen Bornemann

Court of Appeals for the Second Circuit

Decided January 5, 1970No. 33716_1PublishedCited by 25 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

A Selective Service Appeal Board may base its denial of an application for conscientious objector status on one of two grounds: a determination that the substance of the applicant’s beliefs does not qualify him for the statutory exemption or a conclusion that the applicant is not sincere in his beliefs. In this case, it is unquestioned that the beliefs of the appellant Stephen Bornemann, if sincerely held, would entitle him to classification as a conscientious objector. We must rule on the less tangible question of sincerity; specifically, we must decide…

2Cases cited12 opinions

  1. United States v. SeegerSupreme Court of the United States · 1965
  2. Estep v. United StatesSupreme Court of the United States · 1946
  3. Witmer v. United StatesSupreme Court of the United States · 1955
  4. Gonzales v. United StatesSupreme Court of the United States · 1955
  5. Sicurella v. United StatesSupreme Court of the United States · 1955

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. United States v. Stephen Eugene AbbottCourt of Appeals for the Eighth Circuit · 1970
  2. United States v. Ray Nevin Stetter, Jr.Court of Appeals for the Fifth Circuit · 1971
  3. United States v. Claud Michael KemberCourt of Appeals for the Ninth Circuit · 1971
  4. United States v. Dennis Murray CumminsCourt of Appeals for the Eighth Circuit · 1970
  5. United States v. Jerry Charles RutherfordCourt of Appeals for the Eighth Circuit · 1971

20 more not listed; retrieve them via the Exa API.

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