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Administrative Law Keyed to Mawshaw
Johnson v. Robison
Citation:
415 U.S. 361 (1974)Facts
Donald Robison was classified as a I-O conscientious objector by his local Selective Service Board, exempting him from military service but requiring him to perform alternative civilian service. After satisfactorily completing two years of such service at Peter Bent Brigham Hospital in Boston, Robison applied for educational assistance under the Veterans’ Readjustment Benefits Act of 1966. The Veterans’ Administration denied his application because the Act limited benefits to “eligible veterans” who had served on “active duty,” defined as “full-time duty in the Armed Forces.” Robison then filed a class action in federal district court seeking a declaratory judgment that the statutory provisions defining eligibility violated the First Amendment’s guarantee of religious freedom and the Fifth Amendment’s guarantee of equal protection. The government moved to dismiss, arguing that 38 U.S.C. § 211(a) barred judicial review of VA decisions.
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