Robert S. Kurtz v. Melvin Laird

(specially concurring):

I concur in affirmance of the District Court. However, with great respect for my brothers’ views, I feel constrained to separately expose some impressions gained from my study of the record. My brothers’ opinion sets out two essentials to appellant’s right to be discharged. First, that his opposition was based upon “religious training and belief” and, second, “that his objection is sincere.” The opinion then states that “The Government has conceded that appellant satisfied the latter two [as above] tests.” I do not read the record as containing a concession by the…