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Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick

Michigan Law Review

A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …