ROBERT ANDRE, APPELLEE,
v.
STANLEY R. RESOR, SECRETARY OF THE ARMY, ET AL., APPELLANTS
PER CURIAM:
The order of the United States District Court, directing that a writ of habeas corpus issue, is affirmed.1
Robert Andre, the petitioner-appellee, is presently serving in the armed forces of the United States pursuant to a Selective Service Board order to report for induction, based upon the delinquency regulations appearing in 32 CFR part 1642, which purport to vest a Board with power to accelerate induction of delinquent registrants.
But those regulations, to the extent they provided for such induction, lacked legislative authorization. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970). Hence the Board’s order was void and petitioner is entitled to his discharge.
The mandate shall issue forthwith.
. A habeas action will lie. See Breen v. Selective Service Board, 396 U.S. 460, 90 S.Ct. 661, 24 L.Ed.2d 653 (1970).
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Previewing 3 of 35 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gutknecht v. United States, 396 U.S. 295 (U.S. 1970)
- Breen v. Selective Serv. Local Bd. NO. 16, 396 U.S. 460 (U.S. 1970)