Byron White

“ It should be noted that where agency orders are not suspended during the pendency of an administrative appeal, Congress has seen fit to permit judicial review without exhaustion of appellate remedies. ”

“ And while this facet of the exhaustion doctrine, like its other facets, admits of exceptions when special circumstances warrant, see, e.g., Donato v. United States, 302 F.2d 468 (C.A.9th Cir. 1962) , I cannot agree with the Court's conclusion that petitioner's failure to exhaust appellate remedies within the System can be disregarded on the broader ground that only a question of law is involved. Questions of law have not, in the past, been thought to be immune from exhaustion requirements. ”

“ Rather, petitioner's case and the scope of the § 6 (o) exemption for sole surviving sons have received the attention of both the State and the National Directors of the Selective Service System. Petitioner has not exhausted the channels for formal appellate review within the System, but the informal review given petitioner's case and the ratification by the State and National Directors of the position taken by petitioner's local board are sufficient justification to permit the courts to entertain petitioner's defense that his classification is improper under § 6 (o) . ”