Legal Opinion · Dissent

Julita David Robertson v. United States

Court of Appeals for the Fifth Circuit

Decided September 25, 1969No. 25099Published

1DissentGodbold, Circuit Judge

With deference to my numerous colleagues I must record my disagreement. It seems to me quite clear that the Local Board, in considering whether Robertson was entitled to a ministerial classification, proceeded under an erroneous view of the law.

*451I recognize the difficulty faced by this Board, and others, composed of public-spirited laymen performing a vital national service. It has proved excruciatingly difficult to attempt to fit the Jehovah’s Witness registrant into the pigeonholes of the statutory exemption for “regular or duly ordained ministers of religion,” 50 U.S.C. App. § 456(g) and §…

2Cases cited16 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Cox v. United StatesSupreme Court of the United States · 1948
  3. Sicurella v. United StatesSupreme Court of the United States · 1955
  4. United States v. Arno Sascha JakobsonCourt of Appeals for the Second Circuit · 1963
  5. Elmer B. Wiggins v. United StatesCourt of Appeals for the Fifth Circuit · 1958

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