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ESTEP V. UNITED STATES, 327 U. S. 114 (1946)

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U.S. Supreme Court

Estep v. United States, 327 U.S. 114 (1946)

Estep v. United States

No. 292

Argued November 7, 1945

Decided February 4, 1946*

327 U.S. 114

Syllabus

1. In a criminal prosecution under the Selective Training and Service Act of 1940 for willfully failing and refusing to submit to induction, a registrant who appeared at the induction center and was finally accepted, but who refused to submit to induction -- having pursued his administrative remedy to the end -- may interpose the defense that the action of his local board in rejecting his claim of exemption as a minister of religion and classifying him as available for military service was beyond its jurisdiction. Falbo v. United States, 320 U. S. 549, distinguished. P. 327 U. S. 121.

2. Action of a local board which is contrary to the Act or the regulations prescribed pursuant thereto is beyond the jurisdiction of the board. Pp. 327 U. S. 120-121.

3. The fact that the Selective Training and Service Act makes no provision for judicial review of the action of local boards or the appeal agencies is not necessarily to be construed as a denial of the power of the federal courts to grant relief in the exercise of the general jurisdiction which Congress has conferred upon them. P. 327 U. S. 119.

4. Apart from constitutional requirements, the question whether judicial review will be provided where Congress is silent depends on the whole setting of the particular statute and the scheme of regulation which is adopted. P. 327 U. S. 120.

5. Except when the Constitution requires it, judicial review of administrative action may be granted or withheld, as Congress chooses. P. 327 U. S. 120.

6. Section 11 of the Selective Training and Service Act is not to be read as requiring courts to sanction orders which flagrantly violate the rules and regulations defining the jurisdiction of the local boards. P. 327 U. S. 121.

7. The provision of the Act making decisions of the local boards "final" means that Congress chose not to give administrative action under the Act the customary scope of judicial review which obtains under other statutes; that the courts are not to weigh the evidence to determine whether the classification made by the local board was chanroblesvirtualawlibrary

Page 327 U. S. 115

justified, and that decisions of the local boards made in conformity with the regulations are conclusive even though they may be erroneous. P. 327 U. S. 122.

8. On judicial review, the question of the jurisdiction of the local board is reached only if there is no basis in fact for the classification given the registrant. P. 327 U. S. 122.

150 F.2d 768, 148 F.2d 288, reversed.

No. 292. Petitioner was convicted of a violation of the Selective Training and Service Act of 1940. The circuit court of appeals affirmed. 150 F.2d 768. This Court granted certiorari. 326 U.S. 703. Reversed, p. 327 U. S. 125.

No. 66. Petitioner was convicted of a violation of the Selective Training and Service Act of 1940. The circuit court of appeals affirmed. 148 F.2d 288. This Court granted certiorari. 325 U.S. 846. Reversed, p. 327 U. S. 125.





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