Strait v. Laird
Supreme Court of the United States
Strait v. Laird, Secretary of Defense, et al.
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 71-83 Argued: March 22, 1972 --- Decided: May 22, 1972
District Court for the Northern District of California has jurisdiction under 28 U.S.C. § 2241 (c)(1) to hear and determine the habeas corpus application of petitioner, who was on unattached, inactive Army reserve duty while domiciled in California, where military authorities processed his application for conscientious objector discharge, though he was under the nominal command of the commanding officer of the Reserve Office Components Personnel Center in Indiana. Schlanger v. Seamans, 401 U.S. 487, distinguished. Pp. 342-346.
445 F. 2d 843, reversed.
DOUGLAS, J., delivered the opinion of the Court, in which STEWART WHITE, MARSHALL, and BLACKMUN, JJ., joined. REHNQUIST, J., filed a dissenting opinion, in Part I of which BURGER, C. J., and BRENNAN and POWELL, JJ., joined, post, p. 346.
John T. Hansen argued the cause for petitioner. With him on the briefs were Melvin L. Wulf, Michael N. Pollet, and Paul Halvonik.
Solicitor General Griswold argued the cause for respondents. With him on the brief were Assistant Attorney General Mardian, Wm. Terry Bray, and Robert L. Keuch.
Stanley F. Farrar filed a brief for the Central Committee for Conscientious Objectors et al. as amici curiae urging reversal.