Legal Opinion
Oscar Dale Porter v. Elliot L. Richardson, Attorney General of the United States
Court of Appeals for the Ninth Circuit
Decided August 23, 1973No. 71-2976PublishedCited by 2 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
The issue here is whether the district court was correct in holding that prein-duction judicial review of a local Selec*1339tive Service board’s refusal to issue appellant a fatherhood deferment was prohibited by § 10(b)(3) of the Military Selective Service Act of 1967, 50 U.S.C. App. § 460(b)(3).1 If the district court was correct, and § 10(b)(3) deprived it of jurisdiction at this time, then Porter must wait and challenge the board’s action either by habeas corpus or by defense to criminal proceedings against him.
Porter was classified I-A by his local board on…
2Cases cited11 opinions
- Oestereich v. Selective Service System Local Board No. 11Supreme Court of the United States · 1969
- Breen v. Selective Service Local Board No. 16Supreme Court of the United States · 1970
- Clark v. GabrielSupreme Court of the United States · 1968
- Boyd v. ClarkSupreme Court of the United States · 1969
- Fein v. Selective Serv. System Local Bd. No. 7 of YonkersSupreme Court of the United States · 1972
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. LenonMontana Supreme Court · 1977
- Oscar Dale Porter v. Elliot L. Richardson, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 1973