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Supreme Court — Part 18

129 pages · May 11, 2026 · Document date: Mar 31, 1971 · Broad topic: General · Topic: Supreme Court · 124 pages OCR'd
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ll. Federal Statutes A. Selective Service Act - 50 U.S.C. 463 1. Wayte v. U.sS., 105 5.Ct. 1524 (3-29-85)%* The Supreme Court heid that the governments selective policy of enforcing the Selective Service registration requirement, under which the government tuvestigates and prosecutes only those young men who advise the government that they have failed to register or who are reported by others as having failed to register, and who persist in their refusal after being warned that prosecution might result, does not violate the equal protection clause of the Fifth Amendment, since there is no evidence to indicate that the policy has a discriminatory effect or that it is motivated by a discriminatory purpose. Furthermore, the Court concluded that the selective enforcement policy does not violate petitioner“a Firat Amendment guarantees because the policy serves the substantial, legitimate government interest of prosecutorial efficiency. B. Federal Firearms Statute - {8 U.S.C. 992 and 994 1. Ball v. U.S., 105 S.Ct. 1668 (3-26-85) The Supreme Court held that a previously convicted felon who is found to be in possession of a firearm cannot, because of congressional intent, be convicted and concurrently sentenced for both receiving the firearm in violation of 18 U.S.C. 992(h) and possessing that firearm in violation of 18 U.S.C. App. 1202(a). C. Privacy Act ~ 5 U.S.C. 552a l. U.S. Department of Justice v. Provenzano, 105 §.Ct, 413 (11-26-84) ** 2. Shapiro v. DEA (11-26-84) These two cases, one an FBI case (Provenzano) and one a DEA case (Shapiro), presented the identical issue of whether the Privacy Act was an exempting statute under the Freedom of Information Act (FOIA). Subsequent to the Supreme Court’s grant of review in these cases, Congress passed legislation prohibiting an agency from claiming the Privacy Act as an exempting statute, Accordingly, the Supreme Court vacated the judgment of the Circuit Courts of Appeal and remanded the cases for further proceedings to determine if the individual plaintiffs could receive access to the records under the FOIA,
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