University of Virginia Library

Teacher Takes Case
To Supreme Court

James M. Shea, Jr., the 30-year
old philosophy teacher at
George Mason College who turned
in his draft card a year ago, is
having his case taken to the
Supreme Court, it was reported
Sunday.

In an article in Sunday's
Washington Post, it was stated that
Selective Service Director Lewis B.
Hershey has filed a formal request
with the Justice Department for the
prosecution of Mr. Shea.

"In turn, the Justice
Department has told Congress it
will not prosecute the teacher until
the courts, including the Supreme
Court, clarify the legal status of
Hershey's regulations on draft
delinquency.

"Shea's well-publicized draft
protest case, which has drawn
criticism from Congressmen, the
Virginia legislature, and the Virginia
department of the American
Legion, thus has become one of
several points of conflict over draft
policy between Hershey and
Attorney General Ramsey Clark,"
the article said.

"Hershey takes the position that
Clark should seek quick
indictments of persons like Shea
who refuse induction after being
stripped of their deferments for
alleged infractions of Selective
Service rules. Clark insists that he
must ensure that he has a sound
legal basis for prosecuting before
asking the courts to punish some of
the individuals who raise Hershey's
hackles.

"As the father of three
daughters Shea had a 3-A deferred
status until he sent his draft papers
to Hershey last October with a
letter condemning the Vietnam
war. His draft board in Richmond
mailed him a 1-A classification card
but Shea returned that, too, and
was ordered to report for
induction."