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  • Law School Case Brief

McKart v. United States - 395 U.S. 185, 89 S. Ct. 1657 (1969)

Rule:

The doctrine of exhaustion of remedies provides that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted. The doctrine is applied in a number of different situations and is, like most judicial doctrines, subject to numerous exceptions.

Facts:

Petitioner was indicted for willfully and knowingly failing to report for and submit to induction into the armed forces of the United States. At the trial, petitioner's only defense was that he was exempt from military services because he was the "sole surviving son" of a family whose father had been killed in action while serving on the armed forces of the United States. The trial court held that petitioner could not raise the defense because he had failed to exhaust the administrative remedies provided by the Selective Service System. Accordingly, petitioner was convicted and sentenced to three years imprisonment. The lower appellate court affirmed. Certiorari was granted. 

Issue:

Did the petitioner’s failure to exhaust the administrative remedies provided by the Selective Service System bar him from raising the defense in question? 

Answer:

No.

Conclusion:

The Court held that petitioner's failure to appeal his classification administratively did not foreclose judicial review of his criminal case because the interests underlying the exhaustion rule were outweighed in this case by the severe burden imposed upon petitioner if he was denied judicial review. The Court held also that petitioner was entitled to exemption from military service as the sole surviving son of his family even though his mother had died.

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