Legal Opinion · Dissent

Oscar Dale Porter v. Elliot L. Richardson, Attorney General of the United States

Court of Appeals for the Ninth Circuit

Decided August 23, 1973No. 71-2976Published

1DissentEly, Circuit Judge

I respectfully dissent. The majority opinion unnecessarily casts our court *1342into direct conflict with the Second Circuit, it does not harmonize with controlling authorities, and it may result in the imposition of an intolerable injustice upon a youth who, from everything shown by the record, is an exceptionally decent and moral individual.

When Porter first registered with the Selective Service system, he was a college student attending Brigham Young University. A faithful disciple of the Church of Jesus Christ of the Latter Day Saints, he subsequently performed extensive ministerial service in…

2Cases cited14 opinions

  1. Estep v. United StatesSupreme Court of the United States · 1946
  2. Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
  3. Falbo v. United StatesSupreme Court of the United States · 1944
  4. Breen v. Selective Service Local Board No. 16Supreme Court of the United States · 1970
  5. Clark v. GabrielSupreme Court of the United States · 1968

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