Today in Supreme Court History: August 23

Lopez v. United States, 404 U.S. 1213 (decided August 23, 1971): Douglas orders draft resister released on his own recognizance; defendant claimed he had not been allowed to assert conscientious objector status after induction date but was now allowed to under Ehlert v. United States, 402 U.S. 99; Ninth Circuit then remanded for reconsideration on issue of whether his belief as to not being able to assert status was in good faith, 451 F.2d 1311.

Jimenez v. U.S. District Ct., S.D. Fla., 84 S.Ct. 14 (decided August 23, 1963): Goldberg denies stay of extradition sought by ex-dictator of Venezuela who had argued that 18 U.S.C. §3188 required him to be freed if more than two months had passed since he was “committed for rendition”; Goldberg “assumes” Venezuela will honor its promise to guard Jimenez’s personal safety (in fact it did; he was in jail for five years before trial and sentenced to time served, exiled to Spain, later returned to Venezuela but was disqualified from running for that country’s senate)