Clay v. United States

Last updated
Clay v. United States
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued April 19, 1971
Decided June 28, 1971
Full case nameCassius Marsellus Clay, Jr.[ sic ] also known as Muhammad Ali v. United States
Citations403 U.S. 698 ( more )
91 S. Ct. 2068; 29 L. Ed. 2d 810
Case history
PriorConviction affirmed, 397 F.2d 901 (5th Cir. 1968); remanded sub. nom., Giordano v. United States, 394 U.S. 310 (1969); conviction affirmed again, 430 F.2d 165 (5th Cir. 1970).
Holding
Since the Appeal Board gave no reason for the denial of a conscientious objector exemption to petitioner, and it is impossible to determine on which of the three grounds offered in the Justice Department's letter that board relied, petitioner's conviction must be reversed.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black  · William O. Douglas
John M. Harlan II  · William J. Brennan Jr.
Potter Stewart  · Byron White
Thurgood Marshall  · Harry Blackmun
Case opinions
Per curiam
ConcurrenceDouglas
ConcurrenceHarlan (in result)
Marshall took no part in the consideration or decision of the case.

Clay v. United States, 403 U.S. 698 (1971), was Muhammad Ali's [1] appeal of his conviction in 1967 for refusing to report for induction into the United States military forces during the Vietnam War. His local draft board had rejected his application for conscientious objector classification. In a unanimous 8–0 ruling (Thurgood Marshall recused himself due to his previous involvement in the case as a U.S. Department of Justice official), the United States Supreme Court reversed the conviction that had been upheld by the Fifth Circuit.

Contents

The Supreme Court found the government had failed to properly specify why Ali's application had been denied, thereby requiring the conviction to be overturned: "the court said the record shows that [Ali's] beliefs are founded on tenets of the Muslim religion as he understands them." [2] [3] [4]

Background

In 1964, Ali failed the U.S. Armed Forces qualifying test because his writing and spelling skills were sub-standard. With the escalation of the Vietnam War, the test standards were lowered in November 1965 [5] and Ali was reclassified as 1-A in February 1966, [6] [7] which meant he was now eligible for the draft and induction into the U.S. Army. When notified of this status, he declared that he would refuse to serve in the U.S. Army and publicly considered himself a conscientious objector. Ali stated that "War is against the teachings of the Holy Qur'an. I'm not trying to dodge the draft. We are not supposed to take part in no wars unless declared by Allah or The Messenger." He also said "We are not to be the aggressor but we will defend ourselves if attacked." Ali also famously said in 1966: "I ain't got no quarrel with them Viet Cong." and "Why should they ask me to put on a uniform and go ten thousand miles from home and drop bombs and bullets on brown people in Vietnam while so-called Negro people in Louisville are treated like dogs and denied simple human rights?" [8] [9] [10]

Ali appealed his local (Louisville, Kentucky) draft board's rejection of his application for conscientious objector classification. [11] The Justice Department, in response to the State Appeal Board's referral for an advisory recommendation, concluded, contrary to a hearing officer's recommendation, that Ali's claim should be denied, and that Ali did not meet any of the three basic tests for conscientious objector status. The Appeal Board then denied Ali's claim, but without stating its reasons.

External videos
Nuvola apps kaboodle.svg Conversation with Muhammad Ali, includes transcript, July 7, 1968, 28:55, American Archive of Public Broadcasting [12]

In early 1967, Ali changed his legal residence to Houston, Texas, [13] [14] where his appeal to be reclassified as a Muslim minister was denied 4–0 on February 20. [15] He appeared for his scheduled induction into the U.S. Armed Forces in Houston on April 28. As expected, he refused three times to step forward at the call of his name. An officer warned him he was committing a felony punishable by five years in prison and a fine of $10,000. Once more, Ali refused to budge when his name was called. As a result, on that same day, the New York State Athletic Commission suspended his boxing license and the World Boxing Association stripped him of his title. [16] [17] Other boxing commissions followed suit. He was indicted by a federal grand jury on May 8 [18] and convicted in Houston on June 20 of the criminal offence of violating the Selective Service laws by refusing to be drafted. [19] [20] The trial jury was composed of six men and six women, all of whom were white. [21] The Court of Appeals affirmed the conviction and denied an appeal on May 6, 1968. [22] [23]

In the U.S. Supreme Court, the government conceded the invalidity of two of the grounds for denial of Ali's claim given in its letter to the appeal board, but argued that there was factual support for the third ground.

Opinion of the Court

The Supreme Court decision was handed down on June 28, 1971. The Supreme Court held that, since the appeal board gave no reason for the denial of a conscientious objector exemption to petitioner, and it was impossible to determine on which of the three grounds offered in the Justice Department's letter that board relied, Ali's conviction must be reversed. The Eugene Register-Guard, reporting on the Court's record, cited "...the boxer's beliefs 'are surely no less religiously based' than those in previous cases." [3] [4] [24] The Court incorporated Welsh v. United States, in which the Court had ruled that "moral and ethical objection to war was as valid as religious objection, thus broadening the qualifications." [25]

Bob Woodward and Scott Armstrong provide an account of the development of the decision in their 1979 book The Brethren. According to that account, Justice Marshall had recused himself because he had been U.S. Solicitor General when the case began,[ citation needed ] and the remaining eight justices initially voted 5 to 3 to uphold Ali's conviction. However, Justice John Marshall Harlan II, assigned to write the majority opinion, became convinced that Ali's claim to be a conscientious objector was sincere after reading background material on Black Muslim doctrine provided by one of his law clerks. Justice Harlan concluded that the claim by the Justice Department had been a misrepresentation. Harlan changed his vote, tying the vote at 4 to 4. A deadlock would have resulted in Ali being jailed for draft evasion and, since no opinions are published for deadlocked decisions, he would have never known why he had lost. A compromise was proposed by Justice Potter Stewart, in which Ali's conviction would be reversed, citing a technical error by the Justice Department. This gradually won unanimous assent from the eight voting justices, all of whom, with Justice Marshall's recusal, were white. [26]

See also

Related Research Articles

<span class="mw-page-title-main">Muhammad Ali</span> American boxer and activist (1942–2016)

Muhammad Ali was an American professional boxer and activist. Nicknamed "the Greatest", he is regarded as one of the most significant sports figures of the 20th century and is often regarded as the greatest heavyweight boxer of all time. He held the Ring magazine heavyweight title from 1964 to 1970. He was the undisputed champion from 1974 to 1978 and the WBA and Ring heavyweight champion from 1978 to 1979. In 1999, he was named Sportsman of the Century by Sports Illustrated and the Sports Personality of the Century by the BBC.

<span class="mw-page-title-main">Conscientious objector</span> Person refusing military service on moral grounds

A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–industrial complex due to a crisis of conscience. In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service.

<span class="mw-page-title-main">Selective Service System</span> American conscription system

The Selective Service System (SSS) is an independent agency of the United States government that maintains information on U.S. citizens and other U.S. residents potentially subject to military conscription and carries out contingency planning and preparations for two types of draft: a general draft based on registration lists of men aged 18–25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All U.S. citizens assigned male at birth and immigrant non-citizens who are between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, and must notify the Selective Service within ten days of any changes to any of the information they provided on their registration cards, such as a change of address. The Selective Service System is a contingency mechanism for the possibility that conscription becomes necessary.

<span class="mw-page-title-main">Harlan F. Stone</span> Chief justice of the United States from 1941 to 1946

Harlan Fiske Stone was an American attorney and jurist who served as an associate justice of the U.S. Supreme Court from 1925 to 1941 and then as the 12th chief justice of the United States from 1941 until his death in 1946. He also served as the U.S. Attorney General from 1924 to 1925 under President Calvin Coolidge, with whom he had attended Amherst College as a young man. His most famous dictum was: "Courts are not the only agency of government that must be assumed to have capacity to govern."

<span class="mw-page-title-main">NAACP Legal Defense and Educational Fund</span> Organization in New York, United States

The NAACP Legal Defense and Educational Fund, Inc. is an American civil rights organization and law firm based in New York City.

<span class="mw-page-title-main">Jeremy Hinzman</span> American deserter and Iraq War resister

Jeremy Dean Hinzman is an Iraq War resister who was the first American deserter to seek refugee status in Canada.

Message to the Blackman in America is a book published by original Nation of Islam founder Elijah Muhammad in 1965 and reprinted several times thereafter. Beginning with a brief autobiography of Muhammad, it covers his philosophies on race, the religion of Islam, politics, economics, and social issues, and how they relate to the problems of African-Americans. The book also covers his own ideology and how he feels that the "Blackman" can improve himself in America. The book calls for justice under the laws of America; or for America to help settle black people in a separate land of its own, "either here or elsewhere."

Falbo v. United States, 320 U.S. 549 (1944), was a case in which the Supreme Court of the United States held that a draft board's alleged error in classifying a Jehovah's Witness as a conscientious objector rather than a minister of religion is no defense to the board's order to report for national service; post-reporting review of the classification is sufficient due process.

Gonzales v. United States, 348 U.S. 407 (1955), was a case in which the Supreme Court of the United States held that a Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record.

Sicurella v. United States, 348 U.S. 385 (1955), was a case in which the Supreme Court of the United States held that willingness to fight in "theocratic" wars does not disqualify a Jehovah's Witness who would otherwise be eligible for exemption as a conscientious objector.

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 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.

Simmons v. United States, 348 U.S. 397 (1955), was a case in which the Supreme Court of the United States ruled that a Jehovah's Witness was denied fair hearing because of failure to supply him with materials in his record.

<span class="mw-page-title-main">War resister</span> Person who resists war

A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force.

<span class="mw-page-title-main">Conrad Lynn</span> American activist and lawyer

Conrad Joseph Lynn was an African-American civil rights lawyer and activist known for providing legal representation for activists, including many unpopular defendants. Among the causes he supported as a lawyer were civil rights, Puerto Rican nationalism, and opposition to the draft during both World War II and the Vietnam War. The controversial defendants he represented included civil rights activist Robert F. Williams and Black Panther leader H. Rap Brown.

In re Summers, 325 U.S. 561 (1945), is a 5-to-4 ruling by the United States Supreme Court which held that the First and Fourteenth amendment freedoms of a conscientious objector were not infringed when a state bar association declined to admit him to the practice of law. The Illinois Constitution required citizens to serve in the state militia in time of war, and all lawyers admitted to the bar were required to uphold the state constitution. Petitioner Clyde Summers could not uphold that constitutional requirement due to his religious beliefs, and the Supreme Court upheld the denial of his license of practice.

Gregory v. Chicago, 394 U.S. 111 (1969), was a United States Supreme Court case in which the Court overturned the disorderly conduct charges against Dick Gregory and others for peaceful demonstrations in Chicago.

Thomas Glenn Jolley was an anti-Vietnam War protester who renounced his U.S. citizenship in Canada. Soon after his renunciation, Jolley crossed back into the U.S. and began working in Florida. A U.S. federal court ruled that he was deportable, but the Immigration and Naturalization Service could not actually deport him to Canada because he had lost his Canadian-landed immigrant status. He died in Asheville, North Carolina, at the age of 70.

<i>Muhammad Alis Greatest Fight</i> 2013 American TV series or program

Muhammad Ali's Greatest Fight is a 2013 American television drama film about boxer Muhammad Ali's refusal to report for induction into the United States military during the Vietnam War, focusing on how the United States Supreme Court decided to rule in Ali's favor in the 1971 case of Clay v. United States. The film was directed by Stephen Frears, from a screenplay written by Shawn Slovo based on the 2000 book Muhammad Ali's Greatest Fight: Cassius Clay vs. the United States of America by Howard Bingham and Max Wallace. It premiered on HBO on October 5, 2013.

Gillette v. United States, 401 U.S. 437 (1971), is a decision from the Supreme Court of the United States, adding constraints on the terms of conscientious objection resulting from draftees in the Selective Service.

Chauncey Eskridge was an American attorney and judge. He provided legal counseling for activist Martin Luther King Jr., one of the leaders of the civil rights movement. He served on the legal team of world heavyweight boxing champion Muhammad Ali, and argued the Clay v. United States case in which the Supreme Court of the United States overturned Ali's conviction for refusing to serve in the United States Army during the Vietnam War.

References

  1. ↑ The petitioner changed his name to "Muhammad Ali" for religious reasons. "Cassius Clay" was his birth name and that was the name under which he was called for induction and later prosecuted.
  2. ↑ Clay v. United States, 403 U.S. 698, 703 (1971).
  3. 1 2 "Court clears Ali of charge". Eugene Register-Guard. Associated Press. June 28, 1971. p. 1.
  4. 1 2 "Ali's draft-evasion conviction overturned". Palm Beach Post. June 29, 1971. p. A1.
  5. ↑ "Clay may be put into 1-A class today". Lodi News-Sentinel. UPI. February 10, 1967. p. 13.
  6. ↑ "Cassius Clay facing early draft call". Gettysburg Times. Associated Press. February 17, 1966. p. 5.
  7. ↑ "Champ now in 1-A class". Milwaukee Journal. Associated Press. February 18, 1966. p. 14.
  8. ↑ ""The Greatest" Is Gone". Time . 1978-02-27. p. 5. Archived from the original on September 30, 2007. Retrieved 2007-08-04.
  9. ↑ "This Week in Black History". Jet . 1994-05-02. Archived from the original on 2007-12-10. Retrieved 2007-08-04.
  10. ↑ "Muhammad Ali explains his refusal to fight in Vietnam (1967)". alphahistory.com. 12 November 2012. Retrieved 2020-09-22.
  11. ↑ "Clay may take draft case to nation's highest court". Spokane Daily Chronicle. Associated Press. January 11, 1967. p. 33.
  12. ↑ "Conversation with Muhammad Ali". WGBH, Library of Congress, American Archive of Public Broadcasting (WGBH and the Library of Congress), Boston, MA and Washington, DC. July 7, 1968. Retrieved March 15, 2020.
  13. ↑ "Clay tries new route to stay out of army". Bonham Daily Favorite. UPI. February 1, 1967. p. 6.
  14. ↑ "Clay induction delayed again; up to Houston". Milwaukee Sentinel. UPI. March 28, 1967. p. 1–part 2.
  15. ↑ "Ali staggers at new blow". Lewiston Daily Sun. Associated Press. February 21, 1967. p. 16.
  16. ↑ Lipsyte, Robert (April 29, 1967). "Clay refuses to heed draft call; is stripped of world boxing title". The Telegraph. Nashua, NH. (New York Times). p. 1.
  17. ↑ "Clay won't take draft oath, faces U.S. legal action". Toledo Blace. Associated Press. April 29, 1967. p. 1.
  18. ↑ "Grand jury indicts Cassius Clay". Spartanburg Herald. Associated Press. May 9, 1967. p. 10.
  19. ↑ "Clay handed conviction in draft case". Toledo Blade. Associated Press. June 21, 1967. p. 1.
  20. ↑ "Clay lawyers still confident". Associated Press. June 21, 1967. p. 60.
  21. ↑ Waldron, Martin (June 20, 1967). "Clay Guilty in Draft Case; Gets Five Years in Prison". The New York Times. p. 1. The jury, six men and six women, all white, stayed in the jury box during the sentencing
  22. ↑ Clay v. United States, 397F.2d901 (5th Cir.1968).
  23. ↑ "Clay loses appeal in US Court". Milwaukee Sentinel. UPI. May 7, 1968. p. 1–part 2.
  24. ↑ "Ali 'figured' Court would clear him". Milwaukee Sentinel. UPI. June 29, 1971. p. 1–part 2.
  25. ↑ REGALADO, SAMUEL (2007). "Clay, aka Ali v. United States (1971): Muhammad Ali, Precedent, and the Burger Court" (PDF). JOURNAL OF SPORT HISTORY. Retrieved 5 June 2016.
  26. ↑ Bob Woodward; Scott Armstrong (1981). The Brethren: inside the Supreme Court . Avon Books. pp.  157–160. ISBN   978-0-380-52183-8.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.