Rosengart v. Laird, Secretary of Defense, Et Al.

Mr. Justice White, with whom The Chief Justice and Mr. Justice Rehnquist concur,

dissenting.

The Court vacates the judgment of the Court of Appeals, 449 F. 2d 523, and directs that the Court of Appeals consider the views of the United States presented in this case. Finding the suggestions of the United States unacceptable, I dissent from today’s judgment.

In its memorandum filed October 13, 1971, in response to the petition for certiorari, the United States asserted that in passing on petitioner’s conscientious objector’s claim the Army considered petitioner’s opposition to war to be sincere and…