Legal Opinion · Concurrence

Estep v. United States

Supreme Court of the United States

Decided February 4, 1946No. Nos. 292 and 66Published

1ConcurrenceJustice Frankfurter

Although Congress, in 1940, and by reenactment since, provided that when a draft board determines whether a registrant is entitled to exemption or deferment the board’s decision is “final,” the Court now concludes that such a decision is not final but may be reviewed when the registrant is tried before a jury for wilful disobediénce of a board’s order. Not only is such a result opposed to the expressed will of Congress. It runs counter to the achievement of the great object avowed by Congress in enacting this legislation; it contradicts the settled practice under the Sélective Service Act…

2Cases cited35 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Hirabayashi v. United StatesSupreme Court of the United States · 1943
  3. Bollenbach v. United StatesSupreme Court of the United States · 1946
  4. Frank v. MangumSupreme Court of the United States · 1915
  5. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922

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