1st Circuit Sides With Army Doctor In Her Conscientious Objector Claim

In Hanna v. Secretary of the Army, (1st Cir., Jan. 9, 2008), the U.S. 1st Circuit Court of Appeals in a 2-1 decision held that the Army's Conscientious Objector Review Board had no basis in fact for denying conscientious objector status to Army doctor, Captain Mary Hanna. It rejected the Army's reliance on the timing of Hanna's claim and its argument that Hanna’s beliefs were not gained through rigorous training, study or contemplation. Chief Judge Boudin, dissenting, argued that pacifism is not a belief of Hanna's Coptic Church, that her position could not easily be described as reflecting rigorous study, and that the timing of her application could be considered as a factor. The majority's decision affirmed last year's decision by a Massachusetts federal district court. (See prior posting.) Today's Boston Globe reports on the 1st Circuit decision. [Thanks to How Appealing for the lead.]