McKart v. United States
United States Supreme Court
395 U.S. 185 (1969)
Jack McKart (defendant) was originally exempted from the draft as the sole surviving son of a veteran killed in action, but the draft board later incorrectly reclassified him as immediately eligible and ordered him to report for a medical exam. Because McKart objected to the Vietnam War, he chose not to appeal his reclassification to the state appeal board, even though registrants were not required at the time to appeal in order to preserve their rights. After he failed to appear for his exam, he was charged federally with failing to report for service; the district court ruled he could not raise his original exemption as a defense because he had failed to exhaust administrative remedies, he was convicted and sentenced to three years, and the court of appeals affirmed. The Supreme Court granted certiorari.
Whether, under administrative law, a criminal defendant's failure to exhaust administrative remedies necessarily bars defenses not raised in the administrative process.