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KENNEDY, v. MENDOZA-MARTINEZ

No. 2.

372 U.S. 144 (1963)

KENNEDY, ATTORNEY GENERAL, v. MENDOZA-MARTINEZ.

Supreme Court of United States.

Restored to the calendar for reargument April 2, 1962.

Reargued December 4, 1962.

Decided February 18, 1963.

Attorney(s) appearing for the Case

Bruce J. Terris reargued the cause for appellant in No. 2. J. William Doolittle reargued the cause for appellant in No. 3. On the briefs in both cases were Solicitor General Cox, Assistant Attorney General Miller, Oscar H. Davis, Beatrice Rosenberg and Jerome M. Feit.

Thomas R. Davis reargued the cause for appellee in No. 2. With him on the brief was John W. Willis.

Leonard B. Boudin reargued the cause for appellee in No. 3. With him on the brief was Victor Rabinowitz.

Jack Wasserman, David Carliner, Rowland Watts, Stephen J. Pollak and Osmond K. Fraenkel filed briefs for the American Civil Liberties Union, as amicus curiae, urging affirmance in both cases.

Milton V. Freeman, Robert E. Herzstein, Horst Kurnik and Charles A. Reich filed a brief, urging affirmance in No. 3, for Angelika Schneider, as amicus curiae.

MR. JUSTICE GOLDBERG delivered the opinion of the Court.

We are called upon in these two cases to decide the grave and fundamental problem, common to both, of the constitutionality of Acts of Congress which divest an American of his citizenship for "[d]eparting from or remaining outside of the jurisdiction of the United States in time of war or . . . national emergency for the purpose of evading or avoiding training and service" in the Nation's armed forces.

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