Hernandez v. Veterans Administration 8212 700, No. 72

CourtUnited States Supreme Court
Writing for the CourtBRENNAN
PartiesHenry HERNANDEZ et al., Petitioners, v. VETERANS' ADMINISTRATION et al. —700
Docket NumberNo. 72
Decision Date04 March 1974

415 U.S. 391
94 S.Ct. 1177
39 L.Ed.2d 412
Henry HERNANDEZ et al., Petitioners,

v.

VETERANS' ADMINISTRATION et al.

No. 72—700.
Argued Dec. 11, 1973.
Decided March 4, 1974.

Syllabus

Petitioners, who were denied educational benefits under the Veterans' Readjustment Benefits Act of 1966 because, as conscientious objectors exempt from the military service who performed alternative civilian service, they were ineligible for such benefits, brought actions challenging the constitutionality, on First and Fifth Amendment grounds, of the provisions of the Act making them ineligible. The District Court dismissed the actions on the grounds that jurisdiction was barred by 38 U.S.C. § 211(a) and petitioners' constitutional claims were insubstantial and without merit. The Court of Appeals affirmed on the basis of the jurisdictional bar. Held: Section 211(a) does not bar judicial consideration of constitutional challenges to veterans' benefits legislation. Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389. P. 393.

467 F.2d 479, vacated and remanded.

Lawrence L. Curtice, San Francisco Neighborhood Legal Assistance Foundation, San Francisco, Cal., and Jack R. Petranker, pro hac vice, by special leave of Court, for petitioners.

Gerald P. Norton, Washington, D.C., for respondents.

Mr. Justice BRENNAN delivered the opinion of the Court.

Petitioners, like the appellee and his class in Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389, are Class I O conscientious ob-

Page 392

jectors who, upon completion of alternative civilian service pursuant to § 6(j) of the Military Selective Service Act, 50 U.S.C.App. § 456(j), and the governing regulations of the Selective Service System, 32 CFR, Part 1660, applied for educational benefits provided by the Veterans' Readjustment Benefits Act of 1966. The Veterans' Administration denied petitioners' application for the reasons upon which appellee Robison's request was denied, i.e., because a Class I—O conscientious objector who has performed alternative civilian service does not qualify under 38 U.S.C. § 1652(a)(1) as a 'veteran who . . . served on active duty' (defined in 38 U.S.C. § 101(21) as 'full time duty in the Armed Forces'), and is therefore not an 'eligible veteran' entitled under 38 U.S.C. § 1661(a) to veterans' educational benefits provided by the Veterans' Readjustment Benefits Act of 1966.

Alleging that those sections of the 1966 Act discriminate against conscientious...

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17 practice notes
  • Johnson v. Robison 8212 1297, No. 72
    • United States
    • United States Supreme Court
    • March 4, 1974
    ...light of § 211(a) to the hearing on the merits, and set the case for oral argument with No. 72—700, Hernandez v. Veterans' Administration, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412. 411 U.S. 981, 93 S.Ct. 2267, 36 L.Ed.2d 957 (1973).7 We hold, in agreement with the District Court, that § ......
  • Peed v. Cleland, Civ. A. No. M-80-2551.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • June 3, 1981
    ...of the Supreme Court in Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974) and Hernandez v. Veterans' Administration, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974), the Fourth Circuit held that § 211(a) did not apply to constitutional challenges to the acts of the V......
  • Plato v. Roudebush, Civ. No. B-74-641.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • May 6, 1975
    ...bar federal courts from reviewing the constitutionality of veterans' benefits legislation. See also Hernandez v. Veterans' Administration, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974) (companion case). The Court reached that conclusion before ruling on a challenge to the congressional......
  • Moore v. Johnson, No. 75-2717
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 28, 1978
    ...in light of Johnson v. Robison, (415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974)); Hernandez v. Veterans' Administration, (415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974)); Arnett v. Kennedy, (416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974)); and Scheuer v. Rhodes, (416 U.S. 232, 94......
  • Request a trial to view additional results
17 cases
  • Johnson v. Robison 8212 1297, No. 72
    • United States
    • United States Supreme Court
    • March 4, 1974
    ...light of § 211(a) to the hearing on the merits, and set the case for oral argument with No. 72—700, Hernandez v. Veterans' Administration, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412. 411 U.S. 981, 93 S.Ct. 2267, 36 L.Ed.2d 957 (1973).7 We hold, in agreement with the District Court, that § ......
  • Peed v. Cleland, Civ. A. No. M-80-2551.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • June 3, 1981
    ...of the Supreme Court in Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974) and Hernandez v. Veterans' Administration, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974), the Fourth Circuit held that § 211(a) did not apply to constitutional challenges to the acts of the V......
  • Plato v. Roudebush, Civ. No. B-74-641.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • May 6, 1975
    ...bar federal courts from reviewing the constitutionality of veterans' benefits legislation. See also Hernandez v. Veterans' Administration, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974) (companion case). The Court reached that conclusion before ruling on a challenge to the congressional......
  • Moore v. Johnson, No. 75-2717
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 28, 1978
    ...in light of Johnson v. Robison, (415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974)); Hernandez v. Veterans' Administration, (415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974)); Arnett v. Kennedy, (416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974)); and Scheuer v. Rhodes, (416 U.S. 232, 94......
  • Request a trial to view additional results

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