Breen v. Selective Service Local Board No. 16

1970-01-28

Headline: Court allows a college student to challenge a draft reclassification before induction, reversing the appeals court and making it easier for students to obtain preinduction judicial review.

Holding: In Breen, the Court held that a student reclassified as delinquent may seek judicial review of that reclassification before reporting for induction, reversing the court of appeals and permitting preinduction challenges.

Real World Impact:

Allows students to seek court review before reporting to challenge draft reclassifications.
Limits draft boards’ use of "delinquency" to cancel student deferments.
Returns cases to lower courts for further proceedings without forcing induction first.

Topics: military draft, student deferments, preinduction court review, delinquency reclassification

Summary

Background

Petitioner Breen was a 20-year-old student at the Berklee School of Music who surrendered his draft registration card at a public protest in November 1967. His local board declared him "delinquent," reclassified him as available for service, and the board ordered him to report for induction. While his administrative appeal was pending, Breen sued in federal court in February 1968 seeking an injunction to block any induction; the District Court dismissed the suit, and the Court of Appeals affirmed. The induction order was stayed pending this review.

Reasoning

The Supreme Court compared Breen’s case to Oestereich, where a student with a statutory exemption could seek preinduction review. The Court found that the 1967 law sets clear statutory rules for student deferments and did not allow draft boards to cancel those deferments merely because a registrant was labeled "delinquent." The opinion relied on the Act’s language and legislative history, rejected the argument that presidential regulations could add new disqualifying factors, and noted related holdings that the delinquency rules lack statutory authorization. The Court therefore concluded Oestereich controls and reversed the Court of Appeals.

Real world impact

The holding means students and similarly situated registrants can seek court review of a reclassification before being forced to report for induction. The decision restricts the practical power of local boards to use delinquency labels to end deferments. This decision is not a final merits determination of Breen’s classification; the case is returned to lower courts for further proceedings.

Dissents or concurrances

Several Justices wrote separately. Justice Harlan agreed with the result but would rest the decision on a different test about the kind of legal claim, while Justices Brennan and Stewart joined the judgment but noted differing views on reasoning.