mckart argued february decided may petitioner classified sole surviving son status selective service board learned death petitioner mother reclassified available military service theory classification became improper family unit ceased exist petitioner appeal reclassification upon failure report ordered physical examination declared delinquent failed report induction ordered indicted failure tried defense improperly denied sole surviving son exemption district held defense unavailable petitioner failed exhaust administrative remedies provided selective service system petitioner convicted appeals affirmed held petitioner entitled exemption military service termination family unit intended congress warrant ending sole surviving son exemption selective service act pp petitioner failure appeal classification failure report physical examination foreclose challenging validity classification defense criminal prosecution refusal submit induction pp though doctrine exhaustion administrative remedies applied number different situations subject numerous exceptions exhaustion doctrine must tailored fit peculiarities administrative system congress created heart selective service system local boards register classify subject selective service laws whose action registrant right appeal although act stood petitioner tried provided local board decisions final registrant charged failure report raise defense basis fact classification see estep case involve premature resort courts since administrative remedies foreclosed failure utilized particular administrative process appeal pp petitioner reclassified statute require registrant raise claims appeal board determining whether petitioner entitled sole surviving son exemption solely matter statutory interpretation requires particular expertise appeal board part many selective service questions judicial review significantly aided kind additional administrative decision pp failure require exhaustion administrative remedies case significantly encourage registrants bypass available administrative remedies risk criminal prosecution pp petitioner prosecuted failure report physical examination failure bar challenging validity classification defense criminal prosecution falbo distinguished pp george pontikes argued cause petitioner briefs marshall patner francis beytagh argued cause brief solicitor general griswold assistant attorney general wilson beatrice rosenberg leonard dickstein justice marshall delivered opinion petitioner indicted willfully knowingly failing report submit induction armed forces trial petitioner defense exempt military service sole surviving son family whose father killed action serving armed forces district held raise defense failed exhaust administrative remedies provided selective service system accordingly petitioner convicted sentenced three years imprisonment appeals affirmed one judge dissenting mckart cir granted certiorari march ordered report physical failed declared delinquent ordered report induction may failed report instead wrote letter local board indicating moral beliefs prevented cooperating selective service system local board replied sending petitioner form claiming conscientious objector status board also referred petitioner indication original questionnaire sole surviving son requested information subject may petitioner returned blank form stating wish conscientious objector response board request information claim sole surviving son petitioner indicated father killed world war ii local board consulting state director wrote petitioner requesting information father petitioner supplied information local board forwarded information state director requested local board reopen petitioner classification board canceled induction order reclassified appropriate classification registrant exempted sole surviving son petitioner remained classification february early local board learned death petitioner mother checking state director board returned petitioner class board rested decision theory classification became improper petitioner family unit ceased exist death mother petitioner ordered report physical failed report declared delinquent ordered report induction failed report investigation criminal prosecution followed ii father one sons daughters family killed action died line duty serving armed forces sole surviving son family shall inducted service app found cases discussing aspect applicable selective service system regulation cfr merely repeats language statute system administrative interpretations uniform although present case national director took position inasmuch family believed petitioner qualify sole surviving son status must therefore decide essentially question first impression examination language legislative history indicates selective service system interpretation fails effectuate fully purposes congress mind providing exemption language statute provides three conditions two explicit one implicit upon exemption terminate registrant may volunteer service national emergency war may declared implicitly registrant may cease sole surviving son birth brother section says nothing continuing existence family unit even though provisions selective service laws make similar conditions explicit contexts argument conditioning exemption upon continued existence family unit based upon language structure statute upon certain references legislative history comments indicate one purpose exemption provide solace consolation remaining family members guaranteeing presence sole surviving son see hearings subcommittee house committee armed services one left comfort argued sole surviving son may drafted however examination sparse legislative history discloses congress one several purposes mind providing exemption depend upon existence family unit perhaps chief among purposes desire avoid extinguishing male line family death action surviving son see supra hearing senate committee armed services cong rec remarks senator keating purposes mentioned providing financial support remaining family members fairness registrant lost father service country feeling normal circumstances limit sacrifice one family must make service country see hearing senate committee armed services supra hearings subcommittee house committee armed services supra cong rec perhaps said circumstances congress multiple purposes mind providing exemption sole surviving son depriving petitioner exemption might frustrate one purposes certainly frustrate several others therefore given beneficent basis believe congress intended make one factor existence family unit crucial accordingly death petitioner mother operate deprive right exempt military service local board erred classifying petitioner ordering report induction iii doctrine exhaustion administrative remedies well established jurisprudence administrative law see generally davis administrative law treatise et seq supp jaffe judicial control administrative action doctrine provides one entitled judicial relief supposed threatened injury prescribed administrative remedy exhausted myers bethlehem shipbuilding doctrine applied number different situations like judicial doctrines subject numerous exceptions application doctrine specific cases requires understanding purposes particular administrative scheme involved perhaps common application exhaustion doctrine cases relevant statute provides certain administrative procedures shall exclusive see myers bethlehem shipbuilding national labor relations act reasons making procedures exclusive judicial application exhaustion doctrine cases statutory requirement exclusivity explicit difficult understand primary purpose course avoidance premature interruption administrative process agency like trial created purpose applying statute first instance accordingly normally desirable let agency develop necessary factual background upon decisions based since agency decisions frequently discretionary nature frequently require expertise agency given first chance exercise discretion apply expertise course generally efficient administrative process go forward without interruption permit parties seek aid courts various intermediate stages reasons lie behind judicial rules sharply limiting interlocutory appeals closely related reasons notion peculiar administrative law administrative agency created separate entity invested certain powers duties courts ordinarily interfere agency completed action else clearly exceeded jurisdiction professor jaffe puts exhaustion doctrine therefore expression executive administrative autonomy reason particularly pertinent function agency particular decision sought reviewed involve exercise discretionary powers granted agency congress require application special expertise reasons apply equally cases like present one administrative process end party seeks judicial review decision appealed administrative process particularly judicial review may hindered failure litigant allow agency make factual record exercise discretion apply expertise addition justifications requiring exhaustion cases sort nothing dangers interruption administrative process certain practical notions judicial efficiency come play well complaining party may successful vindicating rights administrative process required pursue administrative remedies courts may never intervene notions administrative autonomy require agency given chance discover correct errors finally possible frequent deliberate flouting administrative processes weaken effectiveness agency encouraging people ignore procedures selective service cases exhaustion doctrine must tailored fit peculiarities administrative system congress created heart selective service system local boards charged first instance registering classifying subject selective service laws cfr et upon classified local board registrant right appeal state appeal board cfr instances president cfr registrant required appeal registrant ordered report induction classification considered local board appeal board cfr stage process normally shortly expected ordered report induction see cfr registrant required complete physical examination passes examination ordinarily ordered report induction next last step report induction center submit induction point administrative process end registrant fails report induction like petitioner present case subject criminal prosecution although universal military training service act stood time petitioner trial provided decisions local boards final long ago established registrant charged failure report raise defense basis fact classification see estep also established judicial review exceptions registrant refused submit induction prosecuted else submitted induction seeks release habeas corpus case raises different question faced premature resort courts administrative remedies closed petitioner asked instead hold petitioner failure utilize particular administrative process appeal bars defending criminal prosecution grounds raised appeal agree application exhaustion doctrine proper circumstances present case first well remember use exhaustion doctrine criminal cases exceedingly harsh defendant often stripped defense must go jail without judicial review assertedly invalid order deprivation judicial review occurs affected person affirmatively asking assistance courts government attempting impose criminal sanctions result tolerated unless interests underlying exhaustion rule clearly outweigh severe burden imposed upon registrant denied judicial review statute stood petitioner reclassified said nothing require registrants raise claims appeal boards must ask whether case governmental interest compelling enough outweigh severe burden placed petitioner even compelling interest petitioner case viewed isolation must also ask whether allowing similarly situated registrants bypass administrative appeal procedures seriously impair selective service system ability perform functions question whether petitioner entitled exemption sole surviving son seen solely one statutory interpretation resolution issue require particular expertise part appeal board proper interpretation certainly matter discretion sense issue different many selective service classification questions involve expertise exercise discretion local boards appeal boards petitioner failure take claim available administrative appeals deprived selective service system opportunity appellate boards resolve question statutory interpretation since judicial review significantly aided additional administrative decision sort see compelling reason petitioner failure appeal bar defense criminal prosecution simply overwhelming need agency finally resolve question first instance least administrative process end registrant faced criminal prosecution thus left government argument failure require exhaustion present case induce registrants bypass available administrative remedies government fears increase litigation consequent danger thwarting primary function selective service system rapid mobilization manpower argument based upon proposition selective service system processes correct errors thus avoid much litigation exhaustion doctrine assertedly necessary compel resort processes government also speculates many registrants risk criminal prosecution claims need carry stigma denial local boards also least one appeal board however take dire view likely consequences today decision outset doubt whether many registrants foolhardy enough deny selective service system opportunity correct errors taking chances criminal prosecution possibility five years jail presence criminal sanction sufficient ensure great majority registrants exhaust administrative remedies deciding whether continue challenge classifications today holding apply every registrant fails take advantage administrative remedies provided selective service system said many classifications require exercise discretion application expertise cases may proper require registrant carry case administrative process comes moreover convinced many rather small class registrants bypass selective service system thought ultimate chances success courts enhanced thereby short simply think exhaustion doctrine contributes significantly fairly low number registrants decide subject criminal prosecution failure submit induction accordingly present case appears significant interest served system decide issue reaches courts believe petitioner failure appeal classification foreclose judicial review view cases falbo estep insofar concern exhaustion doctrine bar today holding neither two cases cases decided stand proposition exhaustion doctrine must applied blindly every case indeed cases involved ministerial conscientious objector claims claims may well pursued administrative procedures provided selective service laws iv think several answers argument first said doubt much whether many registrants pass chance escape service reason physical mental defects leap immediately chance defend criminal prosecution importantly registrant duty comply order report physical examination may criminally prosecuted failure comply government deems important enough smooth functioning system unfit registrants weeded earliest possible moment enforce duty report examinations criminal sanctions present case chosen petitioner prosecuted failure report examination prosecuted failure report induction duty claims therefore hold petitioner failure report examination bar challenging validity classification defense criminal prosecution regard falbo supra bar holding falbo involved attempt raise invalidity registrant classification defense criminal prosecution failure report civilian work camp noted defendant reported work camp thus given selective service system opportunity reject physical mental reasons according narrow question presented whether congress authorized judicial review propriety board classification criminal prosecution wilful violation order directing registrant report last step selective process held congress authorized review falbo limited estep supra held registrant secure limited judicial review classification criminal prosecution failure report pursued administrative remedies end estep registrant reported accepted induction refused inducted holding falbo based part fear litigious interruption selective service system dealt problem cases see clark gabriel oestereich selective service board presented noted administrative process case end finally falbo concerned possibility registrant might rejected physical mental reasons thus making criminal prosecution unnecessary seen selective service system ample means ensure great majority registrants report examinations time falbo decided regulations provided examination given time registrant responded order report induction work camp see gibson accordingly selective service system way enforce duty report examination prosecution failure report induction invalid classification allowed raised complete defense prosecution defense today prosecution failure report examination hold petitioner failure appeal classification failure report physical bar challenge validity classification defense criminal prosecution refusal submit induction also hold petitioner entitled exemption military service sole surviving son accordingly reverse judgment remand case entry judgment acquittal ordered footnotes except period war national emergency declared congress date enactment amendment subsection july father one sons daughters family killed action died line duty serving armed forces subsequently died result injuries received disease incurred service sole surviving son family shall inducted service terms title unless volunteers induction selective service act stat amended app registrant right appear local board contest classification present new information board cfr board determines whether reconsider registrant classification cfr following local board decision registrant right appeal state appeal board cfr appeal may taken registrant national selective service appeal board one members state appeal board dissent board decision cfr selective service system regulations require local board reopen registrant classification upon written request state national director cfr petitioner failed report induction second time state director confirmed petitioner father killed action requested advice national director latter replied inasmuch family believed petitioner qualify sole surviving son status information communicated local board case referred local attorney petitioner indictment followed cf pickens cox cir shortly amendment selective service system took position sole surviving son exemption affected change status family birth full brother selective service system operations bulletin august position later rescinded system issued instructions concerning section military selective service act stat authorizes president provide deferment persons children wives children maintain bona fide family relationship homes section selective service act stat general effect congress wished condition exemption existence family unit also seem logical defined family unit example trial present case disclosed petitioner maternal grandparents paternal grandmother still living nothing statute indicates whether relatives considered part family see layton fine draft exhaustion administrative remedies geo jaffe judicial control administrative action notice classification form sss form informs registrant right appeal inform failure appeal may bar subsequent challenge validity classification judicially created doctrines recently enacted military selective service act stat section provides pertinent part judicial review shall made classification processing registrant local boards appeal boards president except defense criminal prosecution registrant responded either affirmatively negatively order report induction provided review shall go question jurisdiction herein reserved local boards appeal boards president basis fact classification assigned registrant app supp iii see yakus amendment see supra makes reference exhaustion administrative remedies prerequisite challenging validity classification defense criminal prosecution refusal submit induction legislative history amendment indicates congress concerned certain judicial decisions allowing review selective service classifications possibility litigious interruption might seriously affect administration selective service system see oestereich selective service board dissenting opinion course necessary local board responsibility classifying registrants first instance given information necessary perform function however present case present instance registrant trying challenge classification basis facts presented local board case smooth functioning system may well require challenges classifications based upon facts properly presented board barred case us board aware relevant facts made decision reclassify petitioner factual inquiry useful conscientious objector claims military selective service act stat app supp iii deferments engaged activities deemed necessary maintenance national health safety interest stat app supp iii appear examples questions requiring application expertise exercise discretion cases selective service system courts may stronger interest question decided first instance local board appeal board considers question anew cfr selective service system empowered congress make discretionary determinations local appeal boards necessary expertise see thompson cir noted selective service system without power correct errors without intervention registrant see nn supra true recently made specific reference exhaustion doctrine oestereich selective service board case administrative appeals exhausted however case involved attempt challenge validity classification receipt notice induction registrant failure appeal may different implications raised suit review see billings truesdell gibson sunal large cox see supra see cfr see supra justice douglas concurring principle oestereich selective service board dispose case registrant plainly entitled statutory exemption service divinity student yet denied exemption burned draft card classified delinquent selective service challenged action civil suit review granted relief suit review defense tendered criminal prosecution statutory exemption clear one oestereich sole surviving son family whose father killed action exempt hardly argument petitioner son though father mother dead indeed last male heir line therefore one congress charitably decided exposed chance death warfare oestereich raise claim statutory exemption civil suit stage follows fortiori petitioner criminal prosecution failure obey act mandate truth matter selective service board acted lawless manner error egregious travesty justice require registrant whether sophisticated pursue administrative remedies designed quite different categories cases questions law usually routed available administrative machinery see udall tallman principle evolved regulatory schemes agencies general oversight supervision companies groups individuals see myers bethlehem shipbuilding arguably selective service boards claim kind expertise assuming present legal question transparent dignified manner justice white concurring result opinion understand dispense necessity presenting issue draft laws registrant local board consideration first instance petitioner exactly decision provides avenue totally bypassing selective service system using courts alternative local draft boards decision contrary inconsistent principle responsible administrative agency must given opportunity consider matter make ruling state reasons action unemployment compensation commission alaska aragon see generally davis administrative law treatise presentation issue agency consideration first instance complete litigant task exhaustion doctrine seek resolution issue courts contrary must resort appellate remedies available within agency remedies exhausted turn courts review see sing tuck chicago risty petitioner failure exhaust appellate remedies available within selective service system presents obstacle challenge classification courts facet exhaustion doctrine like facets admits exceptions special circumstances warrant see donato cir agree apparent conclusion petitioner failure exhaust appellate remedies within system disregarded broader ground question law involved questions law past thought immune exhaustion requirements see myers bethlehem shipbuilding indeed often emphasized expertise responsible agency entitled great deference matters statutory construction see udall tallman thus refuting contention questions law somehow beyond expertise agency give rise considerations underlie exhaustion doctrine although stop far short broad strokes used respect agree petitioner failure exhaust appellate remedies bar review classification facts case undoubtedly congress require exhaustion prerequisite judicial review see yakus congress chosen absence requirement think review petitioner classification impermissible encroachment upon bailiwick selective service system faced situation consideration issue involved stopped first level administrative machinery rather petitioner case scope exemption sole surviving sons received attention state national directors selective service system petitioner exhausted channels formal appellate review within system informal review given petitioner case ratification state national directors position taken petitioner local board sufficient justification permit courts entertain petitioner defense classification improper fact relevant statute ambiguous uncertain logan davis agency interpretation statute comes interrelationship parts regulatory scheme yet untried new norwegian nitrogen prods may accord agency interpretation statute additional significance since construction sole surviving son exemption essentially question first impression ante importance exhaustion failure exhaust perhaps accentuated case ambiguity language legislative history statute question role must play statutory scheme well suited resolution selective service system first instance exhaustion appellate remedies within system afforded agency full opportunity apply expertise questions thereby facilitating disclosure factors although germane highly visible tribunals less familiar regulatory scheme compare falbo section military selective service act stat prescribes timing judicial review registrant responded either affirmatively negatively order report induction speak exhaustion question noted agency orders suspended pendency administrative appeal congress seen fit permit judicial review without exhaustion appellate remedies administrative procedure act supp iii section however agency action inoperative administrative review agency may require exhaustion rules since induction may ordered registrant appeal cfr selective service system require exhaustion even subject apa administration draft laws however covered apa necessity exhausting appellate remedies seem rest general doctrine developed courts