GARBER
v.
KANSAS

U.S. | 1967-10-23
No. 393
389 U.S. 51 Supreme Court of the United States (1967) Positive Treatment
Cited by 2 cases
Opinion of the Court
Per Curiam. The Chief Justice, Mr. Justice Douglas, and Mr. Justice Fortas

Per Curiam.

The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied.

The Chief Justice, Mr. Justice Douglas, and Mr. Justice Fortas are of the opinion that probable jurisdiction should be noted.

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  • Wisconsin v. Yoder, 406 U.S. 205 (U.S. 1972)
    …James Madison 183 (G. Hunt ed. 1901). That has been the apparent ground for decision in several previous state cases rejecting claims for exemption similar to that here. See, e. g. State v. Garber, 197 Kan. 567, 419 P. 2d 896 (1966), cert. denied, 389 U. S. 51 (1967); State v. Hershberger, 103 Ohio App. 188, 144 N. E. 2d 693 (1955); Commonwealth v. Beiler, 168 Pa. Super. 462, 79 A. 2d 134 (1951). Title 26 U. S. C. § 1402 (h) authorizes the Secretary of Health, Education, and Welfare to exempt members of…

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