John Marshall Harlan II

“ To avoid the 'serious constitutional problems' implicit in depriving a registrant of 'his liberty without the prior opportunity to present to any competent forum' his claims that the delinquency procedure was invalid, 393 U.S., at 243, 89 S.Ct., at 419, I therefore interpreted § 10 (b) (3) not to preclude pre-induction judicial review. Viewed from the perspective of my opinion in Oestereich, this case is industinguishable, for the petitioner here, as in Oestereich, makes legal challenges to the delinquency procedure that do not require review of a factual and discretionary decision of a board. ”