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BOYD v. CLARK

No. 67 Civ. 2529.

287 F.Supp. 561 (1968)

James BOYD, Bernard Hughes, Cecil Ralph Hendrix, and Charter Taylor, Jr., Plaintiffs, v. Ramsey CLARK, as Attorney General of the United States, Lewis B. Hershey, as Director of Selective Service of the United States, Paul Akst, as Director of Selective Service of the City of New York, Selective Service Board No. 44 of the City of New York and Selective Service Board No. 2 of the City of New York, Defendants.

United States District Court S. D. New York.

Argued January 26, 1968.

Decided June 26, 1968.

Attorney(s) appearing for the Case

Victor Rabinowitz, New York City, (Dorian Bowman, and Rabinowitz, Boudin & Standard, New York City, on the brief), for plaintiffs.

Lawrence W. Schilling and Arthur S. Olick, Asst. U. S. Attys., (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, on the brief), for defendants.

Before HAYS, Circuit Judge, and EDELSTEIN and McLEAN, District Judges.

HAYS, Circuit Judge:

This is an action brought by four Selective Service registrants challenging the constitutionality of the student deferments provided in Section 6(h) (1) of the Military Selective Service Act of 1967, 50 U.S.C.A. App. § 456(h) (1) (Supp.1967), on the grounds that student deferments (1) discriminate against persons who are economically unable to attend college and (2) are arbitrary and bear no reasonable relationship to the purpose of the Act...

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