Supreme Court of the United States

Parisi v. Davidson

February 23, 1972405 U.S. 34

Summary

The Supreme Court reversed the Ninth Circuit, holding that a federal district court need not stay a habeas corpus petition challenging a serviceman's conscientious objector denial merely because a court‑martial is pending, because the petitioner had fully exhausted military administrative remedies and no prompt, certain relief was available in the military system. Justice Douglas concurred, emphasizing the constitutional primacy of habeas corpus and rejecting reliance on comity as unnecessary.

Holding

  • Whether a federal district court must stay a habeas corpus proceeding when a court‑martial is pending against the petitioner. No; the district court may proceed with the habeas petition despite the pending court‑martial.
  • Whether the exhaustion of military administrative remedies bars a habeas petition absent exhaustion of military judicial remedies. No; exhaustion of administrative remedies satisfies the exhaustion doctrine for a habeas claim challenging the denial of conscientious‑objector status.
  • Whether the All Writs Act or comity requires deference to the military courts in such cases. No; the All Writs Act does not compel a stay, and comity does not require deference when the military system cannot provide the relief sought.

Docket 70-91

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