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Supreme Court — Part 18
Page 122
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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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