Legal Opinion · Dissent

Jack L. Edwards v. Selective Service Local Board No. 111, Newton County, Georgia

Court of Appeals for the Fifth Circuit

Decided December 2, 1970No. 28910_1Published

1DissentTuttle, Circuit Judge

(dissenting);

Although I agree with much that is said in the majority opinion, I must respectfully dissent.

I agree that since Oestereich v. Selective Service System, etc., 393 U.S. 233, 89 S.Ct. 414 (1968) § 10(b) (3) of the Military Selective Service Act is no longer a bar to preinduction review. I further agree that preinduetion review is not limited toncases in which deferments are revoked in a blatantly lawless manner, but includes those which a registrant alleges the blatantly lawless removal of procedural rights guaranteed to him by the regulations promulgated in accordance with the…

2Cases cited6 opinions

  1. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
  2. Mulloy v. United StatesSupreme Court of the United States · 1970
  3. Knox v. United StatesCourt of Appeals for the Ninth Circuit · 1952
  4. Jesus M. Olvera v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  5. United States v. Dennis Murray CumminsCourt of Appeals for the Eighth Circuit · 1970

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