Supreme Court of the United States
Ehlert v. United States
April 21, 1971402 U.S. 99
Summary
The Supreme Court affirmed the Ninth Circuit, holding that the Selective Service regulation bars a local board from reopening a registrant’s classification when a conscientious‑objector claim crystallizes after the mailing of an induction notice but before induction, because such crystallization does not constitute a change in status beyond the registrant’s control. The Court reasoned that the regulation permits reasonable timeliness rules and that Congress limited the unconditional statutory right to exemption from combatant training, not to a pre‑induction claim filing right. Two dissenting opinions argued that late‑crystallizing objections should be considered by civilian boards and that the regulation’s language should be read more broadly.
Holding
- Whether a Selective Service local board must reopen the classification of a registrant whose conscientious‑objector claim crystallized between the mailing of an induction notice and the scheduled induction date.. No; the regulation bars post‑notice reopening unless the board finds a change in status resulting from circumstances over which the registrant had no control, and late‑crystallization does not satisfy that condition.
Docket 120
Cited authorities
- CA10
- 32 C.F.R. § 1625.2
- 81 Stat. 104