Clay v. United States

Supreme Court

Clay v. United States

400 U.S. 990, 91 S. Ct. 457

CourtSupreme Court of the United States

DecidedJanuary 11, 1971

DocketNo. 783

StatusPublished

Cited by1 cases

This text of 400 U.S. 990 (Clay v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clay v. United States, 400 U.S. 990, 91 S. Ct. 457 (1971).

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Opinion

C. A. 5th Cir. Certiorari granted limited to Question 4 presented by the petition which reads as follows:

“4. Whether petitioner’s conviction, should be vacated in light of this Court’s decision in Welsh v. United States, 398 U. S. 333 (1970), because the denial to petitioner of a conscientious objector exemption may have been based upon the Department of Justice’s erroneous characterization of his objections to participation in war as ‘political and racial’ rather than ‘religious’?”

Mr. Justice Brennan is of the opinion that certiorari should be granted limited to Questions 1, 2, and 4 presented by the petition. Mr. Justice Marshall took no part in the consideration or decision of this petition.

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C. A. 5th Cir. Certiorari granted limited to Question 4 presented by the petition which reads as follows:

“4. Whether petitioner’s conviction, should be vacated in light of this Court’s decision in Welsh v. United States, 398 U. S. 333 (1970), because the denial to petitioner of a conscientious objector exemption may have been based upon the Department of Justice’s erroneous characterization of his objections to participation in war as ‘political and racial’ rather than ‘religious’?”

Mr. Justice Brennan is of the opinion that certiorari should be granted limited to Questions 1, 2, and 4 presented by the petition. Mr. Justice Marshall took no part in the consideration or decision of this petition.

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400 U.S. 990, 91 S. Ct. 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-united-states-scotus-1971.

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