opinion: BEARD v. STAHR, SECRETARY OF THE ARMY, et al.
  No. 648.
  Decided May 28, 1962.
  Frederick Bernays Wiener for appellant.
  Solicitor General Cox, Assistant Attorney General Orrick and John G. Laughlin, Jr. for appellees.
  Per Curiam.
  The judgment of the District Court is vacated and the cause is remanded with directions to dismiss the complaint. The action is premature. The appellant will not be removed from the active list of the Regular Army unless the Secretary of the Army exercises the discretionary authority to remove him conferred by 10 U. S. C. § 3794. The Secretary has not stated that he will so exercise his discretion as to remove appellant. If the Secretary does not remove the appellant it will be unnecessary to pass on the constitutional objections which have been urged. If appellant is removed, the Court is satisfied that adequate procedures for seeking redress will be open to him. Compare Aircraft & Diesel Corp. v. Hirsch, 331 U. S. 752, 772-773. Accordingly, the application for a stay is denied.
  The Chief Justice is of the opinion that further consideration of the question of jurisdiction should be postponed to the hearing of the case on the merits and would grant the application for a stay.
  Mr. Justice Frankfurter took no part in the decision of this case.
choices: voting Voting Rights Act of 1965, plus amendments ballot access (of candidates and political parties) desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action) desegregation, schools employment discrimination: on basis of race, age, religion, illegitimacy, national origin, or working conditions. affirmative action slavery or indenture sit-in demonstrations (protests against racial discrimination in places of public accommodation) reapportionment: other than plans governed by the Voting Rights Act debtors' rights deportation (cf. immigration and naturalization) employability of aliens (cf. immigration and naturalization) sex discrimination (excluding sex discrimination in employment) sex discrimination in employment (cf. sex discrimination) Indians (other than pertains to state jurisdiction over) Indians, state jurisdiction over juveniles (cf. rights of illegitimates) poverty law, constitutional poverty law, statutory: welfare benefits, typically under some Social Security Act provision. illegitimates, rights of (cf. juveniles): typically inheritance and survivor's benefits, and paternity suits handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes residency requirements: durational, plus discrimination against nonresidents military: draftee, or person subject to induction military: active duty military: veteran immigration and naturalization: permanent residence immigration and naturalization: citizenship immigration and naturalization: loss of citizenship, denaturalization immigration and naturalization: access to public education immigration and naturalization: welfare benefits immigration and naturalization: miscellaneous indigents: appointment of counsel (cf. right to counsel) indigents: inadequate representation by counsel (cf. right to counsel) indigents: payment of fine indigents: costs or filing fees indigents: U.S. Supreme Court docketing fee indigents: transcript indigents: assistance of psychiatrist indigents: miscellaneous liability, civil rights acts (cf. liability, governmental and liability, nongovernmental; cruel and unusual punishment, non-death penalty) miscellaneous civil rights (cf. comity: civil rights)