United States v. Christopher Joseph Musser

(dissenting) :

I recognize that a conflict in the circuits now exists on this question and that authorities in some of the circuits support the majority’s view.1 This conflict has been engendered by differing interpretations of the Supreme Court’s decision in Ehlert v. United States (1971) 402 U.S. 99, 91 S.Ct. 1319, 28 L.Ed.2d 625. I read Ehlert, as do the First and Third Circuits, as requiring that every conscientious objector applicant has meaningful opportunity for at least one full and fair administrative determination of his conscientious objector claim and that the registrant cannot be…