johnson robison argued december decided march appellee exempted military service class conscientious objector performed required alternative civilian service denied educational benefits veterans readjustment benefits act brought class action declaratory judgment provisions act making class ineligible benefits violated first amendment guarantee religious freedom fifth amendment guarantee equal protection laws denying appellants motion dismiss lack jurisdiction prohibits judicial review decisions administrator veterans affairs question law fact laws administered veterans administration providing veterans benefits district rejected appellee first amendment claim sustained fifth amendment claim held section extend actions challenging constitutionality veterans benefits legislation aimed prohibiting review decisions law fact arising administration statute providing veterans benefits hence inapplicable action neither text statute legislative history showing contrary intent pp challenged sections act create arbitrary classification violation appellee right equal protection laws pp quantitative qualitative distinctions disruption caused military service caused alternative civilian service military service involving commitment far greater loss personal freedom alternative civilian service involving obligation requirement leave civilian life form rational basis congress classification limiting educational benefits military service veterans means helping readjust civilian life pp statutory classification also bears rational relationship act objective making military service attractive act violate appellee right free exercise religion gillette pp withholding educational benefits appellee class involves incidental burden burden upon free exercise religion appellee class included beneficiaries legislative design interfere free exercise religion include rationally promote act purposes government substantial interest raising supporting armies art kind weight clearly sufficient sustain challenged legislation pp brennan delivered opinion burger stewart white marshall blackmun powell rehnquist joined douglas filed dissenting opinion post gerald norton argued cause appellants brief solicitor general bork acting assistant attorney general jaffe harriet shapiro morton hollander william kanter michael david rosenberg argued cause appellee brief charles nesson matthew feinberg donald burris filed brief national interreligious service board conscientious objectors amicus curiae urging affirmance justice brennan delivered opinion draftee accorded class conscientious objector status completing performance required alternative civilian service qualify veteran served active duty defined duty armed forces therefore eligible veteran entitled veterans educational benefits provided veterans readjustment benefits act appellants veterans administration administrator veterans affairs reason denied application educational assistance appellee robison conscientious objector filed application satisfactorily completed two years alternative civilian service peter bent brigham hospital boston robison thereafter commenced class action district district massachusetts seeking declaratory judgment read together violated first amendment guarantee religious freedom fifth amendment guarantee equal protection laws appellants moved dismiss action ground among others district lacked jurisdiction prohibits judicial review decisions administrator district denied motion merits rejected appellee first amendment claim sustained equal protection claim entered judgment declaring defining eligible veteran providing entitlement educational assistance unconstitutional defining active duty unconstitutional respect chapter title code conferring veterans educational assistance reason said sections deny plaintiff members class due process law violation fifth amendment constitution supp postponed consideration question jurisdiction light hearing merits set case oral argument hernandez veterans administration post hold agreement district inapplicable action therefore appellants motion dismiss lack jurisdiction subject matter properly denied merits agree appellee first amendment claim without merit disagree violate fifth amendment therefore reverse judgment district consider first appellants contention bars federal courts deciding constitutionality veterans benefits legislation construction course raise serious questions concerning constitutionality case cardinal principle first ascertain whether construction statute fairly possible constitutional question may avoided photographs plainly explicit provision bars judicial consideration appellee constitutional claims section provides decisions administrator question law fact law administered veterans administration providing benefits veterans shall final conclusive shall power jurisdiction review decision emphasis added prohibitions appear aimed review decisions law fact arise administration veterans administration statute providing benefits veterans decision law fact statute made administrator interpretation application particular provision statute particular set facts appellee constitutional challenge decision administrator rather decision congress create statutory class entitled benefits include conscientious objectors performed alternative civilian service thus district stated questions law presented proceedings arise constitution statute whose validity challenged construction also supported administrative practice veterans administration faced problem statutory construction shows great deference interpretation given statute officers agency charged administration udall tallman board veterans appeals expressly disclaimed authority decide constitutional questions appeal sly may board denying claim educational assistance conscientious objector held decision reach issue constitutionality pertinent laws matter within jurisdiction board sly thus accepts follows principle djudication constitutionality congressional enactments generally thought beyond jurisdiction administrative agencies see public utilities engineers public service sec app dismissed moot oestereich selective service board harlan concurring result see jaffe judicial review question law harv rev legislative history accompanying amendment demonstrate congressional intention bar judicial review even constitutional questions clauses similar part veterans benefits legislation since legislative history accompanying precursor clauses almost nonexistent administrator letter written connection revision clause consideration subcommittee house committee veterans affairs comprehensively explained policies necessitating clause identified two primary purposes insure veterans benefits claims burden courts veterans administration expensive litigation insure technical complex determinations applications veterans administration policy connected veterans benefits decisions adequately uniformly made legislative history amendment indicates nothing congressional intent preserve two primary purposes amendment clause made final decisions administrator question law fact concerning claim benefits payments certain law administered veterans administration emphasis added ed stat series decisions wellman whittier app thompson gleason app tracy gleason app appeals district columbia circuit interpreted term claim limitation upon reach consequence held judicial review actions administrator subsequent original grant benefits barred congress perceived judicial interpretation threat dual purposes clause first interpretation lead inevitable increase litigation consequent burdens upon courts veterans administration house report committee veterans affairs stated ince decision tracy case result decision wellman thompson decisions suits constantly increasing numbers filed district district columbia plaintiffs seeking resumption terminated benefits concern rising number cases expressed administrator letter committee wellman thompson tracy decisions followed federal judicial circuits throughout country nevertheless soon tracy decision suits nature mandamus declaratory judgment commenced filed district district columbia constantly increasing numbers plaintiffs seeking resumption terminated benefits march suits type filed district columbia circuit scope tracy decision decisions upon based broad well afford basis judicial review millions decisions terminating reducing many types benefits provided laws administered veterans administration review might even extend decisions predecessor agencies made many years ago involve large variety matters termination widow pension payments statute extant open notorious adulterous cohabitation invalid marriage veteran severance veterans service connection disability compensation reduction compensation lessened disability suits brought filipino widows world war ii servicemen seeking restoration death compensation pension benefits terminated administrator raised presumption remarriage basis evidence gathered field examination notwithstanding endorsement congress veterans administrations sic administrative presumption remarriage rule suits brought filipino widows resulted judgments adverse government thus amendment enacted overrule interpretation appeals district columbia circuit thereby restore vitality two primary purposes served clause nothing whatever legislative history amendment predecessor clauses suggests congressional intent preclude judicial cognizance constitutional challenges veterans benefits legislation challenges obviously contravene purposes clause expected burden courts volume involve technical considerations veterans administration policy therefore conclude agreement district construction extend prohibitions section actions challenging constitutionality laws providing benefits veterans fairly possible reasonable construction neither text scant legislative history provides clear convincing evidence congressional intent required statute construed restrict access judicial review see abbott laboratories gardner ii turning merits district held including appellee class challenged sections act create arbitrary classification violation appellee right equal protection laws determining whether limiting class draftees entitled benefits serve country active duty armed forces congress denied equal protection laws selective service registrants perform alternative civilian service conscientious objectors analysis classification proceeds basis although individual right equal protection laws deny power treat different classes persons different ways denies power legislate different treatment accorded persons placed statute different classes basis criteria wholly unrelated objective statute classification must reasonable arbitrary must rest upon ground difference fair substantial relation object legislation persons similarly circumstanced shall treated alike royster guano virginia reed reed unlike many state federal statutes come us congress statute responsibly revealed express legislative objectives act objective claimed congress hereby declares education program created chapter purpose enhancing making attractive service armed forces extending benefits higher education qualified deserving young persons might otherwise able afford education providing vocational readjustment restoring lost educational opportunities service men women whose careers interrupted impeded reason active duty january aiding persons attaining vocational educational status might normally aspired obtained served country district reasoned objectives basically variations single theme reflecting congressional purpose eliminate educational gaps persons served country therefore exclusion eligibility appellee class justified suffer disruption educational careers military veterans thus similarly situated respect statute purpose believe disruption equal two groups like military veterans alternate servicemen exposed uncertainties caused draft law burdened one time unsatisfied military obligation adversely affected employment potential forced draft law forgo immediately entering vocational training higher education deprived time performed alternate service opportunity obtain educational objectives pursue rewarding civilian goals course merely labeling class beneficiaries act served active duty armed services rationalize statutory discrimination conscientious objectors performed alternative civilian service fact lives latter equally disrupted equally need readjustment see richardson belcher district found military veterans alternative service performers share characteristic respective service careers inability pursue educational economic objectives persons subject draft law pursue finding similarity ignores common characteristic shared beneficiaries nonbeneficiaries alike sufficient invalidate statute characteristics peculiar one group rationally explain statute different treatment two groups congress expressly recognized significant differences exist military service veterans alternative service performers particularly respect act purpose provide benefits assist readjusting civilian life differences afford basis different treatment within constitutional framework mcginnis royster first disruption caused military service quantitatively greater caused alternative civilian service conscientious objector performing alternative service obligated work two years service armed forces hand involves commitment active duty may limited two years military veteran remains subject active reserve standby reserve obligation release active duty additional military service obligation emphasized congress significant reason providing veterans readjustment benefits section entitled compulsory reserve requirements senate report hardships cold war service still aggravated compulsory military reserve obligation government imposed men entered service august obligation course sharp contrast traditional military obligation ends immediately upon discharge active duty importantly however active reserve obligation impedes cold war veterans full participation civil life turn exposes unfair competition civilian contemporaries fact veterans must discharge reserve obligation involving drills military activities quite obviously enables civilian contemporaries comparison make still gains toward enjoyment fruits free enterprise society men wish devote full time civil goals reserve obligation constitutes substantial supplementary burden compulsory military service incompatibility traditions national temperament lightly imposed upon citizenry war imminent threat war unfriendly powers creates conditions values society justify extraordinary deviation free enterprise individualistic way life need large limited forces conflicts sense equity expects equal national service concerned find less half young men ever compelled serve substantial period military establishment action inequities situation long overdue veterans beset problems almost identical two previous gi bills addressed like fathers elder brothers veterans lose time competitive civil lives directly military service consequence lose valuable opportunities ranging educational advantages worthwhile job possibilities potentially profitable business ventures addition completion military service confront serious difficulties transition civil life major part burden caused cold war conditions quite obviously falls upon youths called extended tours active military service must serve armed forces throughout troubled parts world thereby subjecting mental physical hazards well economic family detriments peculiar military service exist normal civil life upon separation service find far far behind age group whose lives disrupted military service emphasis added quantitative qualitative distinctions expressly recognized congress form rational basis congress classification limiting educational benefits military service veterans means helping readjust civilian life alternative service performers required leave civilian life perform service statutory classification also bears rational relationship objective enhancing making attractive service armed forces providing educational benefits military veterans serve active duty congress expressed judgment benefits make military service attractive enlistees draftees alike appellee concedes brief appellee objective rationally promoted providing educational benefits enlist appellee argues rational basis extending educational benefits draftees serve military draftees perform civilian alternative service since neither group induced educational benefits enlist therefore appellee concludes act classification scheme afford equal protection fails treat equally persons similarly circumstanced two groups draftees fact similarly circumstanced sure draftee definition find educational benefits sufficient incentive enlist military service educational benefits obviously attractive draftee military service without educational benefits thus existence educational benefits may help induce registrant either volunteer draft seek lower selective service classification furthermore drafted educational benefits may help make military service palatable draftee thus reduce draftee unwillingness soldier hand conscientious objector bases refusal serve armed forces upon deeply held religious beliefs assume educational benefits make military service attractive case inclusion one group promotes legitimate governmental purpose addition groups say statute classification beneficiaries nonbeneficiaries invidiously discriminatory iii finally appellee argues district erred holding challenged exclusion abridge appellee free exercise religion contends act denial benefits alternative service conscientious objectors interferes free exercise religion increasing price must pay adherence religious beliefs contention must rejected light decision gillette petitioners conscientious objectors particular wars argued military selective service act app limits exemption military service conscientiously object participation war form emphasis supplied infringed rights free exercise clause requiring abandon religious beliefs participate deemed unjust war go jail acknowledged free exercise clause bars governmental regulation religious beliefs sherbert verner interference dissemination religious ideas see fowler rhode island follett mccormick murdock pennsylvania prohibits misuse secular governmental programs impede observance one religions discriminate invidiously religions even though burden may characterized indirect braunfeld brown opinion warren even neutral prohibitory regulatory laws secular aims free exercise clause may condemn certain applications clashing imperatives religion conscience burden first amendment values justifiable terms government valid aims challenged legislation present case require appellee class make choice comparable required petitioners gillette withholding educational benefits involves incidental burden upon appellee free exercise religion indeed burden exists part ii supra demonstrates act enacted pursuant congress art powers advance neutral secular governmental interests enhancing military service aiding readjustment military personnel civilian life appellee class included class beneficiaries legislative design interfere free exercise religion rationally promote act purposes thus light gillette government substantial interest raising supporting armies art kind weight clearly sufficient sustain challenged legislation burden upon appellee free exercise religion denial economic value veterans educational benefits act nearly order magnitude infringement upon free exercise religion suffered petitioners gillette see also wisconsin yoder reversed footnotes title cfr directed local selective service boards class shall placed every registrant classified class fact found reason religious training belief conscientiously opposed participation war form conscientiously opposed participation combatant noncombatant training service armed forces title provides pertinent part term active duty means duty armed forces active duty training term eligible veteran means veteran served active duty period days part occurred january discharged released therefrom conditions dishonorable discharged released active duty date disability except provided subsection second sentence subsection eligible veteran shall entitled educational assistance chapter period one months equivalent thereof educational assistance month fraction thereof service active duty january eligible veteran served period months active duty january released service conditions satisfy active duty obligations shall entitled educational assistance chapter period months equivalent thereof educational assistance defining class district stated also rules certification class pursuant fed rule civ proc warranted class include selective service registrants completed days alternate service pursuant app either satisfactorily completed two years service released therefrom medical reason days service supp although fifth amendment contains equal protection clause forbid discrimination unjustifiable violative due process schneider rusk see frontiero richardson shapiro thompson bolling sharpe thus classification invalid equal protection clause fourteenth amendment also inconsistent due process requirement fifth amendment see richardson belcher title provides october except provided sections matters arising chapter title decisions administrator question law fact law administered veterans administration providing benefits veterans dependents survivors shall final conclusive official shall power jurisdiction review decision action nature mandamus otherwise second paragraph judgment declares appellee members class satisfactorily completed two years alternative civilian service completing days service released therefrom considered eligible within receive benefits degree extent veterans active duty alternative service shall considered active duty within applied title view result paragraph judgment also reversed district jurisdiction invoked appellee pursuant appellants appealed pursuant provision provides party may appeal interlocutory final judgment decree order holding act congress unconstitutional civil action suit proceeding agencies officer employee thereof officer employee party compare ex parte mccardle wall sheldon sill martin hunter lessee wheat joseph stock yards brandeis concurring see hart power congress limit jurisdiction federal courts exercise dialectic harv rev section economy act stat created present veterans administration provided decisions rendered administrator veterans affairs provisions title shall final conclusive questions law fact official shall jurisdiction review mandamus otherwise decision notwithstanding provisions law decisions administrator veterans affairs question law fact concerning claim benefits payments act administered veterans administration shall final conclusive official shall power jurisdiction review decisions ecisions administrator question law fact concerning claim benefits payments law administered veterans administration shall final conclusive official shall power jurisdiction review decision discussion economy act senate stated gives veterans administration authority administration cong rec act received little discussion however senator george remarked clause bill confirms accepted belief conviction respect pension gratuity right action courts much limitation restatement believed law upon question cong rec desirable purpose uniformity make clear believed intention congress various laws shall uniformly administered accordance liberal policies governing veterans administration consideration added expense government respect added burden upon courts administrative expense defending suits hearing subcommittee house committee veterans affairs adjudication compensation pension claims wide variety medical legal technical questions constantly arise require study expert examiners considerable training experience readily susceptible judicial standardization among questions determined adjudication claims involving length character service origin disabilities complex rating schedules multiplicity medical physical phenomena consideration intercurrently schedules application established norms peculiarities particular case matters considered congress courts appropriate judicial determination regarded apt subjects purely administrative procedure due nature complexity determinations made inevitable decisions courts matters lack uniformity expected decisions many courts based uniform application principles done veterans administration system coordination central office centralized board veterans appeals hearing supra effort enhance attractiveness service public health service national oceanic atmospheric administration act also makes educational benefits available commissioned officers services officers services usually specialists various fields science possess high degree technical expertise see cfr appellee argue class officers services similarly circumstanced different treatment act accords two groups constitutes denial equal protection appellee argues statutory classification subject strict scrutiny upheld compelling governmental justification demonstrated challenged classification interferes fundamental constitutional right free exercise religion conscientious objectors suspect class deserving special judicial protection find merit either contention unquestionably free exercise religion fundamental constitutional right however since hold part iii infra act violate appellee right free exercise religion occasion apply challenged classification standard scrutiny stricter traditional test respect appellee second contention find traditional indicia suspectedness lacking case class possess immutable characteristic determined solely accident birth frontiero richardson class saddled disabilities subjected history purposeful unequal treatment relegated position political powerlessness command extraordinary protection majoritarian political process san antonio school district rodriguez district observed congress obligation carve conscientious objector exemption military training see macintosh gillette nevertheless done perhaps exemption military training reflects congressional judgment conscientious objectors simply trained duty equally plausible exemption reflects congressional determination respect individual conscience see macintosh supra hughes dissenting given solicitous regard congress manifested conscientious objectors seem presumptuous subject educational benefits legislation strict scrutiny basis suspect classification theory whose underlying rationale legislation affects discrete insular minorities presumption constitutionality fades traditional political processes may broken testimony statements hearing proposed veterans readjustment benefits act senate veterans affairs reflect consciousness special sacrifices made veterans military service example senator yarborough chairman subcommittee author act remarked bill introduced provides opportunity demonstrate nation recognize extreme unique personal sacrifices extracted cold war veterans military service need based type military duty performed lack opportunity readjust back civilian life removed years hearings subcommittee veterans affairs senate committee labor public welfare testimony senator mondale stated previous gi bills designed reward veterans battle risks ran designed assist readjusting civilian life catching whose lives disrupted military service cold war gi bill intended title app provides conscientious objectors may inducted armed forces assigned noncombatant service thus conscientious objectors perform active duty defined therefore eligible receive veterans educational benefits lower classifications listed defined cfr appellee also contends act violates fifth amendment due process rights exclusion conscientious objectors vital assistance provided act educational program product vindictive harsh policy whose purpose clearly punish conscientious objectors adhering beliefs brief appellee sure purpose exclusion conscientious objectors benefits act classification unconstitutional constitutional conception equal protection laws means anything must least mean bare congressional desire harm politically unpopular group constitute legitimate governmental interest dept agriculture moreno however cited research discovered single reference legislative history act support appellee claim therefore find appellee claim wholly lacking merit enacting legislation exempting conscientious objectors peculiar rigors military service congress bestowed relative benefits upon conscientious objectors permitting perform alternative service obligation civilians thus congress decision grant educational benefits military servicemen might arguably viewed attempt equalize burdens military service alternative civilian service rather effort congress place relative burden upon conscientious objector free exercise religion see clark guidelines free exercise clause harv rev justice douglas dissenting dissent applicable braunfield brown expressed view pennsylvania sunday closing law unconstitutional applied sabbatarians see state imposed penalty sabbatarian keeping shop open day sabbath christian majority seemed exact impermissible price free exercise sabbatarian religion indeed case sabbatarian unable continue business stay open sunday lose capital investment see girouard held overruling schwimmer words oath prescribed congress naturalization support defend constitution laws america enemies foreign domestic read requiring bearing arms room constitution support defense nation times great peril whose religious scruples bar shouldering arms said effort war indivisible whose religious scruples prevent killing less patriots whose special traits handicaps result assignment duties far behind fighting front making utmost contribution according capacity fact role may limited religious convictions rather physical characteristics necessary bearing attachment country willingness support defend utmost closer point present problem sherbert verner seventh day adventist denied unemployment benefits state work saturday sabbath day faith held disqualification unemployment benefits imposed impermissible burden free exercise religion saying apparent appellant declared ineligibility benefits derives solely practice religion pressure upon forgo practice unmistakable ruling forces choose following precepts religion forfeiting benefits one hand abandoning one precepts religion order accept work hand governmental imposition choice puts kind burden upon free exercise religion fine imposed appellant saturday worship found compelling state interest justify state infringement one religious liberty manner wisconsin yoder held wisconsin compulsory school attendance law applied amish children gravely impair free exercise religious beliefs district present case said penalty present act places conscientious objectors lesser order magnitude upheld past cases supp true yet discrimination man religious scruples seems apparent present act derives house bill purpose solely education program help veteran follow educational plan might adopted never entered armed forces full benefits available occupants safe desk jobs thousands veterans performed civilian type duties home rigors war far totally disruptive use government phrase benefits provided though draftee serve overseas lived family civilian community worked nine five file clerk military base attended college courses hours condition hazardous duty attached educational assistance program senator yarborough said benefits accrue even never served overseas educational progress opportunity impaired serious damaging fashion served distant shores educational needs less comrades served abroad line drawn act class conscientious objectors performed alternative civilian service draftees conscientious objectors get educational benefits whatsoever indeed demeaning religious scruples shouldering arms suggest government religious scruples must susceptible compromise protected urge forgo religious scruples gain monetary advantage certainly burden free exercise clause cases spiritually weak test sherbert girouard deal people whose religious scruples unwavering die stake religious scruples may constitutionally penalized government exaction penalties free exercise religion government places price free exercise one religious scruples crosses forbidden line issue coercive effects use another government phrase irrelevant government read constitution bill rights may place penalty anyone asserting religious scruples nub present case reason judgment affirmed first denial felt immediately sherbert point time substantially removed prospective conscientious objector must consider whether apply exemption military service secondly denial produce positive economic injury sort effected sunday closing law ineligibility unemployment payments considering factors doubts denial tends make prospective alternate service performer choose following following dictates conscience supp hearings legislation provide gi benefits veterans house committee veterans affairs gillette irrelevant present case concerned whether petitioners validly excluded classification conscientious objectors question whether government penalize exercise conscience concedes valid exempts draftees military service moreover gillette relied upon fact government classification religiously neutral imposed incidental burdens exercise conscience strictly justified substantial governmental interests relate directly impacts questioned classification neutral excludes conceded government objections war thus burden imposes religious beliefs incidental governmental interest even approaching found gillette danger selective objection war administered fairly citizens conclude go war chosen unfairly capriciously resulting mood bitterness cynicism might corrode values willing performance citizen duties heart free government governmental interest financial one denying appellee class educational benefits view invidious discrimination penalty assert religious scruples joining armed services shoulder arms