Mora v. McNamara

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Mora v. McNamara
Decided November 6, 1967
Full case nameDennis Mora, et al., petitioners
v.
Robert S. McNamara, Secretary of Defense, et al.
Citations389 U.S. 934 (more)
88 S. Ct. 282; 19 L. Ed. 2d 287
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Abe Fortas · Thurgood Marshall
s
DissentStewart, joined by Douglas
DissentDouglas, joined by Stewart
Marshall took no part in the consideration or decision of the case.

Mora v. McNamara, 389 U.S. 934 (1967), is a case in which the United States Supreme Court was asked to rule on the case of a conscientious objector (a member of the Fort Hood Three) who claimed that the U.S. war against Vietnam was an illegal war of aggression. In this case, the court cited only the Kellogg-Briand Pact, Article 39 of the United Nations Charter and the Treaty of London (which established the Nuremberg War Crimes Tribunal) as the relevant body of international law regarding cases of war.

Certiorari was denied over the dissents of Justices Stewart and Douglas.

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