Legal Opinion
Wesley Lawrence Uffelman v. United States
Court of Appeals for the Ninth Circuit
Decided January 27, 1956No. 17-15449PublishedCited by 26 opinions
1Opinion of the Court
LEMMON, Circuit Judge.
Recognition of the privilege of conscientious objection to military service is a statutory grace, not a Constitutional right. While it is true that, implementing this grace, certain procedural safeguards have been established by statute and administrative rule, these safeguards cannot be parlayed into rigid Constitutional guarantees of a “trial” before a draft board.
In United States v. Macintosh, 1931, 283 U.S. 605, 623, 51 S.Ct. 570, 575, 75 L.Ed. 1302, the purely statutory character of this grace was spelled out by the Supreme Court in unequivocal words:
“The…
2Cases cited11 opinions
- United States v. MacIntoshSupreme Court of the United States · 1931
- Eagles v. United States Ex Rel. SamuelsSupreme Court of the United States · 1946
- United States v. NugentSupreme Court of the United States · 1953
- Knox v. United StatesCourt of Appeals for the Ninth Circuit · 1952
- William Chernekoff, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Emil Yaich v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- United States v. Stephen R. EvansCourt of Appeals for the Ninth Circuit · 1970
- Stanley Oliver Steele v. United StatesCourt of Appeals for the First Circuit · 1956
- Arthur Parisette Clark v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- James Wesley Bradshaw v. United StatesCourt of Appeals for the Tenth Circuit · 1957
21 more not listed; retrieve them via the Exa API.