Lansing E. Crane v. Lewis B. Hershey, Director of Selective Service’s Empirical Analysis
410 F.2d 966 · 1969
Citation profile
16 federal appellate · 6 district ·
Relationships
Relies on Leedom v. Kyne · Boire v. Greyhound Corp. · Oestereich v. Selective Service System Local Board No. 11 · Arthur L. Bowen, Applicant v. Lewis B. Hershey, Applicees · Foley v. Hershey
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A case more in point, and on which the government heavily relies, is Rich v. Hershey, 10 Cir., April 1, 1969, [ 408 F.2d 944 ]. The holding of that case and the contention here is that those in plaintiffs’ position were in fact deferred once pursuant to section 6 (i) (2) of the Act, 50 App.U.S.C. § 456 (i) (2), and hence are ineligible for a second such deferment. The first section 6(i) (2) deferment to which the court in Rich refers was the general II-S deferment granted to all graduate students by the President in July 1967. Exec. Order No. 11360, 32 C.F.R. § 1622.26 (b). We cannot agree that the authority for this directive was found in section ,6(i) (2). Rather, the obvious source of power for the President’s action lay in section 6(h) (2): “ ‘The President is authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service in the Armed Forces of any or all categories of persons * * * whose activity in graduate study, research, or medical, dental, veter- . inary, optometric, osteopathic, scientific, pharmaceutical, chiropractic, chiropodial, or other endeavors is found to be necessary to the maintenance of the national health, safety, or interest * * *.’ “The grant of power [in 6(h) (2)] is broad and the list of subjects is not conclusive, but on the contrary, is in the disjunctive, beginning and ending with broad references to ‘graduate study’ or ‘other endeavors.’ The language is spacious enough to cover a preside”
4 later decisions quote this exact passage
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.