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GILLETTE v. UNITED STATES

No. 85.

401 U.S. 437 (1971)

91 S.Ct. 828

28 L.Ed.2d 168

GILLETTE v. UNITED STATES.

Supreme Court of United States.

Decided March 8, 1971

Attorney(s) appearing for the Case

Conrad J. Lynn argued the cause for petitioner in No. 85. With him on the brief were Leon Friedman, Marvin M. Karpatkin, and Melvin L. Wulf. Richard Harrington argued the cause for petitioner in No. 325. With him on the briefs were Leigh Athearn, Stuart J. Land, and John T. Noonan, Jr.

Solicitor General Griswold argued the cause for the United States and for the other respondents in both cases. With him on the briefs were Assistant Attorney General Wilson and Beatrice Rosenberg.

George T. Altman, pro se, filed a brief as amicus curiae in both cases. Leo Rosen filed a brief for the American Ethical Union as amicus curiae in No. 85. Briefs of amici curiae in No. 325 were filed by Charles H. Tuttle and Thomas A. Shaw, Jr., for the National Council of the Churches of Christ in the U. S. A. et al.; by Peter J. Donnici for the Executive Board of the National Federation of Priests' Councils; by Joseph B. Robison, Ephraim Margolin, Stanley J. Friedman, Seymour Farber, and Edwin J. Lukas for the American Jewish Congress; by Michael N. Pollet and Elsbeth Levy Bothe for Louis P. Font; and by the American Friends Service Committee.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

These cases present the question whether conscientious objection to a particular war, rather than objection to war as such, relieves the objector from responsibilities of military training and service. Specifically, we are called upon to decide whether conscientious scruples relating to a particular conflict are within the purview of established provisions

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