Stanley Forman Reed

“ Afterthought cannot take the place of required objection. This is not a case where rules of practice and procedure defeat the ends of justice. [6] There is nothing in this record to indicate that disabilities of petitioner, or difficulties of procedure or practice, the emergence of a new rule of law or any other change of circumstance has affected the course of petitioner's pleas. She has had advantage of every method of relief known to the law but has not seen fit to bring forward the ground upon which this Court reverses. ”

“ Proper administrative procedure requires that objection to certificates be made at the earliest opportunity which in this case was during the administrative hearing before the Board of Special Inquiry. A litigant's unexplained failure to raise an issue does not justify capricious judicial intervention on behalf of an individual. ”

“ This is made plain by the Court's statement of the generalized objections on other grounds to the report of the medical review board, see opinion at note 2, and from the affidavits and objections appearing in the record. The dissenting judge, 170 F.2d 1009, did not refer to the failure to examine petitioner. He spoke only of the failure of the Board of Special Inquiry and the medical board to req ire adequate and revealing certificates and reports. Even the petition for certiorari does not present the question. ”