High Court Draft Decision Will Return Lost Deferments to Three

A Supreme Court ruling handed down last Monday will probably result in the return of 4-D theological deferments for three Harvard divinity students.

The Court ruled 6-3 that Congress did not intend in the Selective Service Law of 1967 to deny court appeal to men entitled to exemptions by statute. The law restricted the right of men to go to court to challenge the actions of their draft boards. Divinity students, persons under 19 years of age, military veterans, members of the National Guard and the Reserves, and sole surviving sons are affected by the high court decision.

Harvard Students

The three Harvard students affected are James Prior and Leland Sanderson, second-year Divinity students,. and Dick Behm, a third-year student. All three handed in their draft cards at a rally at Arlington Street Church on October 16, 1967. The Supreme Court ruling came on a case appealed by James J. Ostereich, a divinity student at Newton Centre, who also handed in his card at the rally.

"Our slate is probably clean," Behm said, "and perhaps we won't be bothered any more." He emphasized, however, that this was a case brought against the government, and it remains to be seen whether the Selective Service will file suit against the men for non-possession of their draft cards.

Each of the men was reclassified 1-A within a month of the rally. Prior filed suit against the government and did not report for induction on the advice of his attorney pending a decision in the Ostereich case.

Behm was sent induction orders in May of this year and refused to obey them. He was served a second notice, but this was stayed pending Supreme Court action. Sanderson could not be reached for comment, but he also had been reclassified 1-A by his local board.

Other Students

Several other Harvard students turned in their cards during the rally, but for personal reasons were forced to ask for their return, although they still wished to be a part of the anti-war movement. In one case a local draft board returned 4-D status to a student who brought suit, but most of the local boards held firm on the basis of a directive issued by Selective Service head Lewis B. Hershey asking reclassification for demonstrators.

Prior emphasized, however, that the Supreme Court placed limitations on this directive only in reference to students who are granted deferments by law. He said that he was happy with the decision on classification, but "it should have gone farther." The Selective Service Act should be declared unconstitutional, he believes, and he says he does not intend to cooperate with the Selective Service any more now than in the past.