Robert Andre v. Stanley R. Resor, Secretary of the Army
Opinion
The order of the United States District Court, directing that a writ of habeas corpus issue, is affirmed.
Robert Andre, the petitioner-appellee, is presently serving in the armed forces of the United States pursuant to a Selective Service Board order to report for induction, based upon the delinquency regulations appearing in 32 CFR part 1642, which purport to vest a Board with power to accelerate induction of delinquent registrants.
But those regulations, to the extent they provided for such induction, lacked legislative authorization. Gutknecht v. United States, 396 U.S. 295 , 90 S.Ct. 506 , 24 L.Ed.2d 532 (1970). Hence the Board’s order was void and petitioner is entitled to his discharge.
The mandate shall issue forthwith.
. A habeas action will lie. See Breen v. Selective Service Board, 396 U.S. 460 , 90 S.Ct. 661 , 24 L.Ed.2d 653 (1970).