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Constitutional Law Keyed to Choper
Johnson v. Robison
Citation:
415 U.S. 361 (1974)Facts
Robison was accorded Class I-O conscientious objector status and completed two years of alternative civilian service at Peter Bent Brigham Hospital in Boston. After completing his service, he applied for educational assistance under the Veterans’ Readjustment Benefits Act of 1966, which provides benefits to veterans who served on “active duty” in the Armed Forces. The Veterans’ Administration denied his application because, as a conscientious objector who performed alternative civilian service, he did not qualify as a “veteran who served on active duty” as defined in 38 U.S.C. § 101(21). Robison then filed a class action in federal district court, seeking a declaratory judgment that the statutory provisions defining eligibility for veterans’ educational benefits violated his First Amendment right to free exercise of religion and Fifth Amendment right to equal protection. The government moved to dismiss, arguing that 38 U.S.C. § 211(a) barred judicial review of VA decisions. The district court denied the motion and, on the merits, rejected Robison’s First Amendment claim but sustained his equal protection claim.
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