Paulekas v. Clark’s Empirical Analysis

Citation profile

1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Section 6(g) of the Selective Service Act expressly exempts ministerial students from ‘training and service’ under the Act, and contains no exception for such students who become delinquent. On the other hand, Section 10 (b) (3) contains no exception to its sweeping provision that ‘No judicial review shall be made of the classification or processing of any registrant * * * except as a defense to a criminal prosecution.’ ” 4 The Solicitor General does not contend, as does plaintiff, that Section 10(b) (3) of the 1967 Act is unconstitutional. On the contrary, he argues for its constitutionality in a case of this nature: “Under Section 10(b) (3), a registrant must either refuse induction and risk criminal prosecution, or submit to induction and seek a writ of habeas corpus, in order to obtain judicial review. Refusal to submit to induction involves a serious risk, since it subjects the registrant to the possibility of criminal punishment of up to five years’ imprisonment and a $10,000 fine (50 U.S.C. App. 462(a)). However, a registrant may file a petition for a writ of habeas corpus immedi ately after induction. Habeas corpus petitions must be accorded precedence on a court’s calendar (see 28 U.S.C. 2243), thus keeping the registrant’s time in service at a minimum if the court should rule his classification and resulting induction unlawful. However short, that time may well be viewed as a hardship; but it is a hardship which the registrant would share in common with many other ”

   1 later decision quote this exact passage · from the majority
   e.g. Hennessy v. Selective Service Local Board No. 21