Clay v. United States
Encyclopedia
Clay v. United States, , was boxer Muhammad Ali
's appeal of his conviction for refusing to report for induction into the United States military forces
during the Vietnam War
. His local draft board had rejected his application for conscientious objector
classification. In a unanimous 8-0 ruling, the United States Supreme Court
reversed the Fifth Circuit court's
affirmation of the conviction. The Supreme Court of the United States found the government had failed to properly specify why Ali's application had been denied, thereby requiring the conviction to be overturned.
qualifying test because his writing and spelling skills were sub-par. However, in early 1966, the tests were revised and Ali was reclassified as 1A. This classification meant he was now eligible for the draft and induction into the U.S. Army. This was especially important because the United States was engaged in the Vietnam War. When notified of this status, he declared that he would refuse to serve in the United States Army
and publicly considered himself a conscientious objector
. Ali stated that "War is against the teachings of the Holy Qur'an
. I'm not trying to dodge the draft. We are not supposed to take part in no wars unless declared by Allah
or The Messenger. We don't take part in Christian wars or wars of any unbelievers." Ali also famously said in 1966: "I ain't got no quarrel with them Viet Cong
... They never called me nigger
."
Appearing for his scheduled induction into the U.S. Armed Forces on April 28, 1967 in Houston, he refused three times to step forward at the call of his name. An officer warned him he was committing a felony punishable by five years in prison and a fine of $10,000. Once more, Ali refused to budge when his name was called. As a result, on that same day, the New York State Athletic Commission
suspended his boxing license and stripped him of his title. Other boxing commissions followed suit.
Bob Woodward
and Scott Armstrong
provide an account of the development of the decision in their book The Brethren. According to that account, Justice Marshall
had recused himself because he had been U.S. Solicitor General when the case began, and the remaining eight justices initially voted 5 to 3 to uphold Ali's conviction. However, Justice Harlan
, assigned to write the majority opinion, became convinced of Ali's sincerity as a conscientious objector after reading background material on Black Muslim
doctrine provided by one of his law clerks, and concluded that claims by the Justice Department to the contrary 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 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.
Muhammad Ali
Muhammad Ali is an American former professional boxer, philanthropist and social activist...
's appeal of his conviction for refusing to report for induction into the United States military forces
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. His local draft board had rejected his application for conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
classification. In a unanimous 8-0 ruling, the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
reversed the Fifth Circuit court's
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
affirmation of the conviction. The Supreme Court of the United States found the government had failed to properly specify why Ali's application had been denied, thereby requiring the conviction to be overturned.
Background
In 1964, Ali failed the U.S. Armed ForcesMilitary of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
qualifying test because his writing and spelling skills were sub-par. However, in early 1966, the tests were revised and Ali was reclassified as 1A. This classification meant he was now eligible for the draft and induction into the U.S. Army. This was especially important because the United States was engaged in the Vietnam War. When notified of this status, he declared that he would refuse to serve in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
and publicly considered himself a conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
. Ali stated that "War is against the teachings of the Holy Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
. I'm not trying to dodge the draft. We are not supposed to take part in no wars unless declared by Allah
Allah
Allah is a word for God used in the context of Islam. In Arabic, the word means simply "God". It is used primarily by Muslims and Bahá'ís, and often, albeit not exclusively, used by Arabic-speaking Eastern Catholic Christians, Maltese Roman Catholics, Eastern Orthodox Christians, Mizrahi Jews and...
or The Messenger. We don't take part in Christian wars or wars of any unbelievers." Ali also famously said in 1966: "I ain't got no quarrel with them Viet Cong
National Front for the Liberation of South Vietnam
The Vietcong , or National Liberation Front , was a political organization and army in South Vietnam and Cambodia that fought the United States and South Vietnamese governments during the Vietnam War . It had both guerrilla and regular army units, as well as a network of cadres who organized...
... They never called me nigger
Nigger
Nigger is a noun in the English language, most notable for its usage in a pejorative context to refer to black people , and also as an informal slang term, among other contexts. It is a common ethnic slur...
."
Appearing for his scheduled induction into the U.S. Armed Forces on April 28, 1967 in Houston, he refused three times to step forward at the call of his name. An officer warned him he was committing a felony punishable by five years in prison and a fine of $10,000. Once more, Ali refused to budge when his name was called. As a result, on that same day, the New York State Athletic Commission
New York State Athletic Commission
The New York State Athletic Commission or NYSAC, also known as the New York Athletic Commission, regulates all contests and exhibitions of unarmed combat within the state of New York, including licensure and supervision of promoters, boxers, professional wrestlers, seconds, ring officials,...
suspended his boxing license and stripped him of his title. Other boxing commissions followed suit.
Facts of the case
Muhammad Ali appealed his local draft board's rejection of his application for conscientious objector classification. The Justice Department, in response to the State Appeal Board's referral for an advisory recommendation, concluded, contrary to a hearing officer's recommendation, that Ali's claim should be denied, and wrote that board that Ali did not meet any of the three basic tests for conscientious objector status. The Appeal Board then denied Ali's claim, but without stating its reasons. Ali refused to report for induction, for which he was thereafter tried and convicted.Arguments
In this Court the Government has rightly conceded the invalidity of two of the grounds for denial of petitioner's claim given in its letter to the Appeal Board, but argues that there was factual support for the third ground.Decision of the Court
The Court held that, since the Appeal Board gave no reason for the denial of a conscientious objector exemption to petitioner, and it is impossible to determine on which of the three grounds offered in the Justice Department's letter that board relied, Ali's conviction must be reversed.Bob Woodward
Bob Woodward
Robert Upshur Woodward is an American investigative journalist and non-fiction author. He has worked for The Washington Post since 1971 as a reporter, and is currently an associate editor of the Post....
and Scott Armstrong
Scott Armstrong (journalist)
Scott Armstrong is the current director of Information Trust, a former journalist for the Washington Post, and founder of the National Security Archive...
provide an account of the development of the decision in their book The Brethren. According to that account, Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
had recused himself because he had been U.S. Solicitor General when the case began, and the remaining eight justices initially voted 5 to 3 to uphold Ali's conviction. However, Justice Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
, assigned to write the majority opinion, became convinced of Ali's sincerity as a conscientious objector after reading background material on Black Muslim
Nation of Islam
The Nation of Islam is a mainly African-American new religious movement founded in Detroit, Michigan by Wallace D. Fard Muhammad in July 1930 to improve the spiritual, mental, social, and economic condition of African-Americans in the United States of America. The movement teaches black pride and...
doctrine provided by one of his law clerks, and concluded that claims by the Justice Department to the contrary 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 Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
, 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.