Simmons v. United States

Petitioner Simmons registered in the Selective Service System in 1948 and was employed as a chauffeur at the Great Lakes Naval Training Center.

During his deferment, Simmons became an ordained minister of the Jehovah's Witnesses and filed the special form for conscientious objectors, claiming exception from both combatant and non-combatant service.

Section 6(j) of the Universal Military Training and Service Act provides that the Department of Justice must hold a hearing "with respect to the character and good faith" of any claimed conscientious objections.

In a prior case (United States v. Nugent, 346 U.S. 1 (1953)), relying on the availability of a summary of reports, the Court held that the Department satisfies its duties "when it accords a fair opportunity to the registrant to speak his piece before an impartial hearing officer; when it permits him to produce all relevant evidence in his own behalf and at the same time supplies him with a fair resume of any adverse evidence in the investigator's report."

Though no formal dissent can be found, it is noted at the end of the opinion that Justice Reed would affirm the judgement of the Seventh Circuit on the grounds that no such summary was requested (by the petitioner) and, because of that, it was not necessary to furnish more to the registrant than was given by the hearing officer.