Bratcher v. Laird

Decision Date16 March 1970
Docket NumberM,No. 1391,1391
Citation25 L.Ed.2d 281,90 S.Ct. 1108,397 U.S. 246
PartiesMichael E. BRATCHER v. Melvin S. LAIRD, Secretary of Defense, et al. isc
CourtU.S. Supreme Court

Solicitor General Griswold, for respondents.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit.

PER CURIAM.

The motion for leave to proceed in forma pauperis is granted.

Upon consideration of the suggestion of the Solicitor General and upon an examination of the entire record, the petition for a writ of certiorari is granted, the judgment of the United States Court of Appeals for the Ninth Circuit is vacated, and the case is remanded to that court in order that it may consider whether it wishes to adhere to its decision in light of the contrary position now adopted by respondents. If it decides not to adhere to its former ruling, the Court of Appeals may then determine whether it would be appropriate to remand the case to the District Court.

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2 cases
  • Montgomery v. Rumsfeld
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 23, 1978
    ...vacated and remanded the two cases. Craycroft v. Ferrall, 397 U.S. 335, 90 S.Ct. 1152, 25 L.Ed.2d 351 (1970); Bratcher v. Laird, 397 U.S. 246, 90 S.Ct. 1108, 25 L.Ed.2d 281 (1970). But the government's position in Memo No. 652, assuming it is still in force, affects only those seeking disch......
  • Bratcher v. McNamara
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 8, 1971
    ...to servicemen seeking court relief from military duty on grounds of conscientious objection to such duty. Bratcher v. Laird, 397 U.S. 246, 90 S.Ct. 1108, 25 L.Ed.2d 281 (1970). Our original opinion is found at 415 F.2d Briefly re-stated, the record discloses that appellant Bratcher enlisted......

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