''Holmes v. United States'', 391 U.S. 936 (1968), was a case in which the
Supreme Court of the United States denied a petition for
writ of certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
to a
Jehovah's Witnesses minister who asked the Court to decide whether a draft of men into the Armed Forces in times of peace is constitutionally permissible.
[.] The minister argued that, in the absence of a declaration of war, a draft was not authorized and was equivalent to involuntary servitude.
Facts of the case
Albert H. Holmes was classified in August 1965 as a conscientious objector by his Selective Service Appeal Board. Section 6(j) of the
Universal Military Training and Service Act
The Selective Service Act of 1948, also known as the Elston Act, was a major revision of the Articles of War of the United States enacted June 24, 1948 that established the current implementation of the Selective Service System.
History
The previ ...
of 1948 stated that a conscientious objector who, like petitioner, is also opposed to noncombatant military service, may in lieu of induction 'be ordered by his local board ... to perform ... such civilian work contributing to the maintenance of the national health, safety, or interest as the local board may deem appropriate. ...' Beginning in October 1965 Holmes exchanged a series of letters with his local board in which the Board explained to Holmes the types of civilian work available and Holmes asserted his religious scruples against serving the United States Government in any capacity, including civilian work programs. Holmes reiterated this position in a personal meeting with his local board.
On February 7, 1966, the Board sent Holmes an order to report on February 21 to an Illinois state hospital for civilian work assignment. However, on the day he was due to report, Holmes notified the Board that he refused to do so for religious reasons.
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Prior history
Holmes was charged with willful failure to report as ordered, in violation of 12(a) of the Selective Service Act. At his nonjury trial Holmes moved for judgment of acquittal. That motion was denied, Holmes was convicted and sentenced to three years imprisonment, and the Court of Appeals affirmed, one judge dissenting.[''United States v. Holmes'', ]
References
External links
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United States Supreme Court cases
United States Supreme Court cases of the Warren Court
Jehovah's Witnesses litigation in the United States
1968 in United States case law
Conscription in the United States
1968 in religion
Christianity and law in the 20th century
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