United States v. James’s Empirical Analysis

Citation profile

47 federal appellate · 7 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Petitioner argues from this [holding in Dickinson] that there was no specific evidence here incompatible with his claimed conscientious objector status. But in Dickinson the registrant made out his prima facie case by means of objective facts — he was a ‘regular or duly ordained minister of religion.’ Here the registrant cannot make out a prima facie case from objective facts alone, because the ultimate question in conscientious objector cases is the sincerity of the registrant in objecting, on religious grounds, to participation in war in any form. In these cases, objective facts are relevant only insofar as they help in determining the sincerity of the registrant in his claimed belief, purely a subjective question. In conscientious objector cases, therefore, any fact which casts doubt on the veracity of the registrant is relevant. It is ‘affirmative evidence * * * that a registrant has not painted a complete or accurate picture. * * * ’ Dickinson v. United States, supra, 346 U.S. at page 396, 74 S.Ct. at page 157. In short, the nature of a registrant’s prima facie case determines the type of evidence needed to rebut his claim. If the issue is the nature of his activities, as in Dickinson, the evidence provided [sic] ‘basis in fact’ must tend to show that his activities are other than as stated. If, as here, the issue is the registrant’s sincerity and good faith belief, then there must be some inference of insincerity or bad faith. “Since Witmer stated his beliefs with appa”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Stetter

2. ““Defendant’s claim was rejected because he had not been baptized as a Jehovah’s Witness. I do not think this provides a basis in fact for the local board’s action. At the trial, defendant explained that one cannot be baptized until he satisfies himself that he is ‘strong enough.’ Until baptism, he is not a true member of the faith. Although defendant studied the Bible and Watchtower Tracts at home, and attended religious meetings, he had not yet convinced himself that he could be baptized. The time of baptism (and hence membership) is left entirely to the individual. If defendant was not sincere he could have been baptized and would thus have been able to claim membership in his Form 150. Instead, not convinced that he was ready, defendant continued to attend religious meetings and study the Bible and Watchtower Tracts at home. It would be difficult to find evidence more persuasive of defendant’s strict allegiance to the requirements of his religion. The local board cannot rely on defendant’s lack of baptism without some evidence that it should interpret his decision to detract from, rather than add to, the strength of his claim. The file contains no such evidence, nor any other evidence sufficient to provide a basis in fact for defendant’s I-A classification.” 302 F. Supp. at 1196 .”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Rutherford

3. ““We acknowledge * * * that defendant’s religious views are not set forth at length or articulately. Yet it is perfectly clear that defendant’s timely assertions to his local board, if believed, demonstrate that he was brought up in, and had embraced, the religious tradition of one of his parents, who belonged to a denomination, the members of which have consistently opposed participation in war. Defendant asserted his personal objections, in light of this tradition, to participation in war in any form. He thus presented a prima facie case for exemption.” 417 F.2d, at 829 .”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Stephens