Oestereich v. Selective Service System Local Board No. 11

I concur in the holding that pre-induction review is available in this case, but I reach this conclusion by means of a somewhat different analysis from that contained in the opinion of my Brother Douglas.

At the outset, I think it is important to state what this case does and does not involve. Petitioner does not contend that the Selective Service System has improperly resolved factual questions, or wrongfully exercised its discretion, or even that it has acted without any “basis in fact,” as that phrase is commonly used in this area of law. See Estep v. United States, 327 U. S. 114, 122-123…