Opinion of Clay v. United States

[I spent the winter writing songs about getting better]

Freedom Decision, both on moral grounds (with my view of the draft) and on legal grounds as well although it's a bit shocking that no one noticed the draft board improperly handled Muhammad Ali's case until one Supreme Court Justice brought it up at the last minute.

[politicallefty]

I agree on both of your points. Unfortunately, it looks like he would likely have lost the constitutional case, although I imagine he would've won on that aspect if Marshall hadn't recused. I wonder who the original three were that were set to vote for Ali on the constitutional issue. The most obvious is definitely Douglas, likely followed by Brennan. After that, my first thought would've been Black, but he might view that as conduct outside the protection of his First Amendment absolutism. I haven't read The Brethren, but I have to say I'm quite intrigued that I just might have to soon.

[Fuzzy Bear]

One needs to read Bob Woodward's The Brethren to see just how close Ali was from going to jail.

[url][https://en.wikipedia.org/wiki/Clay_v._United_States[url]

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 Harlan, 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. To the contrary, 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 proposed by Justice Potter Stewart, in which Ali's conviction would be reversed citing a technical error by the Justice Department, gradually won unanimous assent from the eight voting justices.[26]