Fein v. Selective Service System Local Board No. 7 of Yonkers
405 U.S. 365 · Decided March 21, 1972 · Supreme Court of the United States
At a glance
Fein v. Selective Service System Local Board No. 7 of Yonkers was decided on March 21, 1972 by a vote of 4–3. The Court affirmed the lower court's decision. Justice Harry A. Blackmun wrote the opinion of the Court. SCDB classifies its main issue as “Conscientious objectors” in the First Amendment area.
Read the opinion
Case details
- Citations
- 405 U.S. 365 · 92 S. Ct. 1062 · 31 L. Ed. 2d 298 · 1972 U.S. LEXIS 76
- Docket number
- 70-58
- Decided
- March 21, 1972
- Argued
- October 12, 1971
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 4–3
- Majority opinion
- Harry A. Blackmun
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Conscientious objectors
- Issue area
- First Amendment
- Legal provision
- Selective Service statutes
- Type of law
- Federal statute
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | Wrote an opinion |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority | Wrote an opinion |
Did not participate: Lewis F. Powell Jr., William H. Rehnquist.
Full case caption
Fein v. Selective Service System Local Board No. 7 of Yonkers, New York, et al.
SCDB identifiers: case 1971-076, docket 1971-076-01.
Related decisions
Other cases on “Conscientious objectors”
- Parisi v. Davidson
- Clay v. United States
- McGee v. United States
- Ehlert v. United States
- Gillette v. United States
- United States v. Weller
Cases on the same legal provision: Selective Service statutes
- Astrup v. Immigration and Naturalization Service
- Toussie v. United States
- Kolden v. Selective Service Local Board No. 4
- Breen v. Selective Service Local Board No. 16
- Gutknecht v. United States
- McKart v. United States
Same Term, same area (First Amendment)
- Parisi v. Davidson
- Rabe v. Washington
- Cruz v. Beto
- Gooding v. WilsonLaw held unconstitutional
- Cole v. Richardson
- Wisconsin v. YoderLaw held unconstitutional
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error