Ehlert v. United States, 402 U.S. 99 (1971)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

The refusal of petitioner’s local board to reopen his classification and pass on his conscientious objector claim, made after mailing of his induction notice but before induction, on the basis of a Selective Service regulation that permitted post-induction notice reopening only for a "change in the registrant’s status resulting from circumstances over which the registrant had no control," held not unreasonable as a limitation on the time within which a local board must act on such a claim, in light of the Government’s assurance that one whose beliefs assertedly crystallize after mailing of an induction notice will have full opportunity to obtain an in-service determination of his claim without having to perform combatant training or service pending such disposition. Pp. 101-107. 422 F.2d 332, affirmed.

STEWART, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, HARLAN, WHITE, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 108. BRENNAN, J., filed a dissenting opinion, in which MARSHALL, J., joined, post, p. 119.