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BREEN v. SELECTIVE SERVICE BOARD

No. 65.

396 U.S. 460 (1970)

90 S.Ct. 661

24 L.Ed.2d 653

BREEN v. SELECTIVE SERVICE LOCAL BOARD NO. 16 ET AL.

Supreme Court of United States.

Decided January 26, 1970.

Attorney(s) appearing for the Case

Emanuel Margolis argued the cause for petitioner. With him on the brief were Lawrence P. Weisman and Melvin L. Wulf.

Assistant Attorney General Ruckelshaus argued the cause for respondents. With him on the brief were Attorney General Mitchell, Assistant Attorney General Wilson, Morton Hollander, and Ralph A. Fine.

George Soll and Joseph B. Robison filed a brief for the American Jewish Congress as amicus curiae urging reversal.

MR. JUSTICE BLACK delivered the opinion the Court.

This case raises a question concerning the right of a young man ordered to report for induction into the Armed Forces to challenge the legality of that order prior to reporting for duty. Petitioner Breen, while enrolled in the Berklee School of Music in Boston, Massachusetts, was given a II-S student classification by his local draft board, and deferred from military service pursuant to the provisions of the Military...

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