Thurgood Marshall, McGee v. United States — Opinion of the Court
“ To be weighed against the interests in exhaustion is the harsh impact of the doctrine when it is invoked to bar any judicial review of a registrant's claims. Surely an insubstantial procedural default by a registrant should not shield an invalid order from judicial correction, simply because the interest in time-saving self-correction by the agency is involved. ”
Thurgood Marshall, McGee v. United States — Opinion of the Court
“ That petitioner's failure to exhaust should cut off judicial review of his conscientious objector claim may seem too hard a result, assuming, as the Government admits, that the written information available to the board provided no basis in fact for denial of the exemption, and as the Court of Appeals ruled, that neither did petitioner's conduct in relation to the conscription system or other acts that came into view. ”
Thurgood Marshall, McGee v. United States — Opinion of the Court
“ Unlike the dispute about statutory interpretation involved in McKart, McGee's claims to exempt status-as a ministerial student or a conscientious objector-depended on the application of expertise by administrative bodies in resolving underlying issues of fact. Factfinding for purposes of Selective Service classification is committed primarily to the administrative process, with very limited judicial review to ascertain whether there is a 'basis in fact' for the administrative determination. ”
