Cox v. United States (332 U.S. 442)
U.S. Supreme Court · decided November 24, 1947 · Supreme Court Database (Spaeth)
- Citation
- 332 U.S. 442 · 68 S. Ct. 115
- Docket
- No. 66
- Argued
- October 14, 1947
- Decided
- November 24, 1947
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Reed
- Issue area
- First Amendment
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Reed (wrote)
- Concurring in the judgment
- Justice Frankfurter
- Dissenting
- Justice Douglas (wrote), Justice Black, Justice Rutledge, Justice Murphy (wrote)
Opinion excerpt
Mr. Justice Reed announced the judgment of the Court and delivered an opinion in which The Chief Justice, Mr. Justice Jackson, and Mr. Justice Burton join. These cases present the question of the scope of review of a selective service classification in a trial for absence without leave from a civilian public service camp. Petitioners are Jehovah’s Witnesses who were classified as conscientious objectors despite their claim to classification as ministers of religion. Ministers are exempt from military and other service under the Act. All three petitioners exhausted their remedies in the selective service process and complied with the order of the local board directing them to report to camp. Cox and Thompson were indicted for leaving the camp without permission, and Roisum was indicted for failing to return after proper leave, in violation of § 11 of the Selective Training and Service Act of 1940. 54 Stat. 885, 57 Stat. 597, 50 U. S. C. Appendix §§ 301-318. On their trials petitioners requested directed verdicts, at appropriate times, because the selective service orders were invalid and requested the court to charge the jury that they acquit petitioners if they found that they were ministers of religion and therefore exempt from all service. The trial judge did not grant petitioners’ requests, however, and instructed the juries that they were not to concern themselves with…
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