John Marshall Harlan II

“ I do not understand that phrase to prohibit review of a claim, such as that made here by petitioner, that the very statutes or regulations which the Board administers are facially invalid.
'Classification is the key to selection,' 32 CFR § 1622.1 (b) , and among a local Board's most important functions is 'to decide, subject to appeal, the class in which each registrant shall be placed.' 32 CFR § 1622.1 (c) . Classification is a highly individualized process, in which a Board must consider all pertinent information presented to it. ”

“ The pivotal language of § 10 (b) (3) , for present purposes, is the statute's proscription of pre-induction judicial review 'of the classification or processing of any registrant * * *.' I take the phrase 'classification or processing' to encompass the numerous discretionary, factual, and mixed law-fact determinations which a Selective Service Board must make prior to issuing an order to report for induction. ”

“ The Boards have no power to promulgate regulations, and are not expressly delegated any authority to pass on the validity of regulations or statutes. Such authority cannot readily be inferred, for the composition of the boards, and their administrative procedures, render them wholly unsuitable forums for the adjudication of these matters: local and appeal Boards consist of part-time, uncompensated members, chosen ideally to be representative of the registrants' communities ”