Scaggs v. Larsen — Opinion of the Court
“ Neither deportation nor a military order to active duty is in form penal. But the requirement that a man serve beyond his enlistment contract may be as severe in nature as expulsion from these shores. ”
Scaggs v. Larsen — Opinion of the Court
“ Neither deportation nor a military order to active duty is in form penal. But the requirement that a man serve beyond his enlistment contract may be as severe in nature as expulsion from these shores. ”
Scaggs v. Larsen — Opinion of the Court
“ It has been argued in other cases that the word 'custody' indicates that s 2241 does not reach cases where military authority is being contested by civilians at a pre-induction stage [2] or by servicemen not yet convicted of an offense who entered the Armed Forces 'voluntarily.' [3] I take the opposed view, though the question has not been authoritatively decided. However that may be, s 2241 is not a measure of the constitutional scope of the guarantee in Art. ”
Scaggs v. Larsen — Opinion of the Court
“ Pre-induction judicial review is more frequently sought by way of injunction, mandamus, or declaratory judgment. See Oestereich v. Selective Service System Local Bd., 393 U.S. 233, 89 S.Ct. 414, 21 L.Ed.2d 402; Wolff v. Selective Service Local Bd., 2 Cir., 372 F.2d 817; Townsend v. Zimmerman, 6 Cir., 237 F.2d 376.↑ It is settled that illegal induction is properly attacked by a petition for a writ of habeas corpus. Oestereich v. ”