Falbo v. United States

Falbo v. United States

Infobox SCOTUS case
Litigants=Falbo v. United States
ArgueDate=November 19
ArgueYear=1943
DecideDate=January 3
DecideYear=1944
FullName=Falbo v. United States
USVol=320
USPage=549
Citation=
Prior=
Subsequent=
Holding=
SCOTUS=1943-1945
Majority=Black
JoinMajority=
Concurrence=
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Concurrence2=
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Concurrence/Dissent=
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Dissent=Murphy
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Dissent2=
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LawsApplied=

"Falbo v. United States", 320 U.S. 549 (1944), [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=320&page=549 320 U.S. 549] Full text of the opinion courtesy of Findlaw.com.] was a case in which the Supreme Court of the United States held that a draft board's alleged error in classifying a Jehovah's Witness as a conscientious objector rather than a minister of religion is no defense to the board's order to report for national service; post-reporting review of the classification is sufficient due process.

Facts of the case

The petitioner was indicted on November 12, 1942, in a federal District Court in Pennsylvania for knowingly failing to perform a duty required of him under the Selective Training and Service Act of 1940. The particular charge was that, after his local board had classified him as a conscientious objector, he wilfully failed to obey the board's order to report for assignment to work of national importance. Admitting that his refusal to obey the order was wilful, petitioner defended his conduct on the ground that he was entitled to a statutory exemption from all forms of national service, since the facts he had presented to the board showed that he was a 'regular or duly ordained' minister.

References


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