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 on Justia

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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