McGehee v. McKaney’s Empirical Analysis
1970
Citation profile
6
cited by 6 later decisions
September 1974
most recently cited
2 federal appellate · 2 district ·
Relationships
Applies 10 U.S.C. § 133
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a. Consideration will be given to requests for separation based on bona fide conscientious objection to participation in war, in any form, when such objection develops subsequent to entry into the active military service. b. Federal courts have held that a claim to exemption from military service under Selective Service laws must be interposed prior to notice of induction, and failure to make timely claim for exemption constitutes waiver of the right to claim. However, claims based on conscientious objection growing out of experiences prior to entering military service, but which did not become fixed until entry into the service, will be considered. Requests for discharge after entering military service will not be accepted when— (1) Based solely on conscientious objection which existed, but which was not claimed prior to induction, enlistment, or entry on active duty or active duty for training. (2) Based solely on conscientious objection claimed and denied by the Selective Service System prior to induction. (3) Based on essentially political, sociological, or philosophical views, or on a merely personal moral code. (4) Based on objection to a particular war. c. All requests for discharge based on conscientious objections will be considered on an individual basis in accordance with the facts and special circumstances in a particular case. d. Final determination on all requests for discharge based on conscientious objection (to include those listed in b above) will be made at”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.