Supreme Court of the United States
McGee v. United States
May 17, 1971402 U.S. 479
Summary
The Court affirmed McGee's conviction, holding that his deliberate failure to pursue the Selective Service Board's administrative remedies barred his defenses of erroneous classification as a conscientious objector and as a ministerial student. The decision relied on the exhaustion doctrine, emphasizing the agency’s interest in fact‑finding and expertise, and noted the dissent’s view that the doctrine should not apply where the board never actually considered the claim.
Holding
- Whether a registrant who fails to pursue available administrative remedies is barred from raising a defense of erroneous classification as a conscientious objector.. Petitioner’s failure to exhaust administrative remedies bars the defense of erroneous classification, including the conscientious objector claim.
- Whether the exhaustion of administrative remedies doctrine bars a claim for ministerial student exemption when the registrant does not seek administrative review.. The exhaustion requirement also bars the ministerial student exemption claim because the registrant failed to invoke the administrative fact‑finding process.
Docket 362