Hugo Black,
Breen v. Selective Service Local Board No…
“ Thus it is clear that the crucial distinction in draft classifications is between individuals presently subject to induction and those who are not so subject, either because of deferment or exemption. ”
Hugo Black,
Breen v. Selective Service Local Board No…
“ On the other hand there is absolutely no assurance that an individual who is simply deferred will only have his military obligation postponed. So long as a registrant remains in a deferred classification he cannot be inducted, and deferment past the maximum age of draft liability would effectively exempt the registrant from compulsory military service. Although a registrant like Breen cannot be deferred as an undergraduate student past his 24th birthday, [10] he may continue to be deferred on the basis of extreme hardship to dependents or employment in the national interest. ”
Hugo Black,
Breen v. Selective Service Local Board No…
“ In his complaint Breen alleged that he was a 20-year-old student and argued that he was clearly qualified for a student deferment. The Government has never contested Breen's factual allegations concerning his student status, nor has it argued that he is not qualified for such a defendant for any reason except the alleged 'delinquency.' As in Oestereich, we do not find any indication that Congress intended to allow the draft boards to deprive otherwise qualified students of their deferments for the reasons relied upon in this case. ”
