McGrew v. Tarr
McGrew v. Tarr
Opinion of the Court
In each of these cases the appellant below sought an injunction restraining the defendants from enforcing his induction into the armed services. They were consolidated and upon consideration the court rendered its Memorandum Decision denying injunctive relief. These separate appeals are from that order. We affirm in each case.
Appellants contend that certain 1971 amendments to the Selective Service Act
McGrew urges an additional argument not presented in the Valdez appeal. He contends that the authority to process appellant for induction lapsed when the power to induct under section 17(c) expired on July 1, 1971.
The amendment to section 17(c) extending the power of induction until July 1, 1973, though enacted September 28, 1971, was made retroactive to July 2, 1971.
“[T]o create and establish within the Selective Service System civilian local boards, civilian appeal boards, and such other civilian agencies, including agencies of appeal, as may be necessary to carry out its functions with respect to the registration, examination, classification, selection, assignment, delivery for induction, and maintenance of records of persons registered under this title . . .”
Thus local boards and appeal boards were continuously authorized to process registrants prior to induction even if the power to induct had terminated. The appeal board’s action in appellant’s case is not subject to challenge for lack of statutory authority.
Affirmed.
. Military Selective Service Act, Pub.L. No. 92-129, Title I, § 101(a), 85 Stat. 348.
. 50 U.S.C. App. § 467(c) (1970), as amended, 50 U.S.C. App. § 467(c) (Supp. I, 1971).
. Military Selective Service Act, Pub.L. No. 92-129, Title I, § 101(a) (35), 85 Stat. 353, amending 50 U.S.C. App. § 467(c) (1970).
Reference
- Full Case Name
- Robert E. McGREW v. Curtis W. TARR, Director Selective Service System, Defendants-Appellees Frank M. VALDEZ, on behalf of himself and all other Selective Service Registrants similarly situated v. CALIFORNIA SELECTIVE SERVICE LOCAL BOARD NO. 44, Curtis W. Tarr, National Director of the Selective Service System
- Cited By
- 2 cases
- Status
- Published