Supreme Court of the United States

McGee v. United States

May 17, 1971402 U.S. 479

Summary

Justice Marshall delivered the opinion of the Court, holding that petitioner’s failure to exhaust the administrative remedies available under the Selective Service system bars judicial review of his classification defense, and therefore affirmed the conviction. Justice Douglas dissented, arguing that the Board had not properly considered the conscientious objector claim and that the exhaustion doctrine should not preclude review in this case, and he would reverse the judgment. No other separate opinions were filed.

Holding

  • Whether petitioner’s failure to exhaust administrative remedies bars judicial review of his classification defense. The Court held that the exhaustion doctrine applies and affirmed the judgment below.

Docket 362

Cited authorities

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