Horey v. Tarr’s Empirical Analysis
470 F.2d 775 · 1972
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 1331
Relies on Oestereich v. Selective Service System Local Board No. 11 · Fein v. Selective Serv. System Local Bd. No. 7 of Yonkers · Naskiewicz v. Lawver · Levine v. Selective Service Local Board No. 18
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No judicial review shall be made of the classification or processing of any registrant by local boards, appeal boards, or the President, except as a defense to a criminal prosecution [for refusing to report] . . . after the registrant has responded either affirmatively or negatively to an order to report for induction . . . Provided, That such review shall go to the question of the jurisdiction herein reserved to local boards, appeal boards, and the President only when there is no basis in fact for the classification assigned to such registrant.”
1 later decision quote this exact passage · from the majoritye.g. Porter v. Richardson““Of course, work outside of the registrant’s community is indeed the general rule, but a conscientious objector is entitled to have the local board (or, under the amended rules, the state director) consider whether or not a registrant’s work in his home community is ‘desirable in the national interest,’ with all relevant factors taken into consideration. The appellant was entitled, as an explicit right, to have the nature and scope of his employment in Buffalo considered and ruled upon in light of this exception.” Id. at 777.”
1 later decision quote this exact passage · from the majority““No registrant shall be ordered by the local board to perform civilian work in lieu of induction in the community in which he resides unless in a particular case the local board deems the performance by the registrant of such work in the registrant’s home community to be desirable in the national interest.””
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.