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Hernandez v. Veterans Administration, 415 U.S. 391 (1974)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hernandez v. Veterans Administration, 415 U.S. 391 (1974)
Hernandez v. Veterans Administration No. 72-700 Argued December 11, 1973 Decided March 4, 1974 415 U.S. 391
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Petitioners, who were denied educational benefits under the Veterans’ Readjustment Benefits Act of 1966 because, as conscientious objectors exempt from the military service who performed alternative civilian service, they were ineligible for such benefits, brought actions challenging the constitutionality, on First and Fifth Amendment grounds, of the provisions of the Act making them ineligible. The District Court dismissed the actions on the grounds that jurisdiction was barred by 38 U.S.C. § 211(a) and petitioners’ constitutional claims were insubstantial and without merit. The Court of Appeals affirmed on the basis of the jurisdictional bar.
Held: Section 211(a) does not bar judicial consideration of constitutional challenges to veterans’ benefits legislation. Johnson v. Robison, ante, p. 361. P. 393.
467 F.2d 479, vacated and remanded.
BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a statement concurring in the result, post, p. 393.
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Chicago: U.S. Supreme Court, "Syllabus," Hernandez v. Veterans Administration, 415 U.S. 391 (1974) in 415 U.S. 391 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UU5MFCKTS7L6LVW.
MLA: U.S. Supreme Court. "Syllabus." Hernandez v. Veterans Administration, 415 U.S. 391 (1974), in 415 U.S. 391, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UU5MFCKTS7L6LVW.
Harvard: U.S. Supreme Court, 'Syllabus' in Hernandez v. Veterans Administration, 415 U.S. 391 (1974). cited in 1974, 415 U.S. 391. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UU5MFCKTS7L6LVW.
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