Norman Lloyd Petersen v. Ramsey Clark, Attorney General, Clark, Now John L. Mitchell

It appearing to this court that the judgment herein appealed (Petersen v. Clark, 285 F.Supp. 698 (N.D.Cal.1968)) denying the Government’s motion to dismiss, was rendered prior to and without knowledge of the Supreme Court’s decision in Clark v. Gabriel, 393 U.S. 256, 89 S.Ct. 424, 21 L.Ed.2d 418, decided December 16, 1968, in which that Court said:

“We find no constitutional objection to Congress’ thus requiring that assertion of a conscientious objector’s claim such as those advanced by ap-pellee be deferred until after induction, if that is the course he chooses, whereupon habeas corpus…