Quimbee logo
DMCA.com Protection Status

McKart v. United States

395 U.S. 185 (1969)

Case BriefQ&ARelatedOptions
From our private database of 22,300+ case briefs...

McKart v. United States

United States Supreme Court

395 U.S. 185 (1969)

Facts

A Selective Service draft board classified Jack McKart (defendant) as exempt from military service under the Selective Service Act of 1948 (Act), 50 U.S.C. § 456(o), which provided an exemption for sole surviving sons of veterans who had been killed in action. The draft board later incorrectly reclassified McKart as immediately eligible to serve, and ordered McKart to report for a medical exam as part of his induction. Because McKart objected to the Vietnam War, he declined to appeal his reclassification to a state appeal board (board). At the time McKart was reclassified, draft registrants were not required to appeal their classifications to the board. After McKart failed to appear for his scheduled medical exam, he was federally charged and indicted for failing to report for service. McKart attempted to argue that he was exempt from service because his original classification had been correct. The district court ruled that McKart could not assert the exemption defense, because he had failed to exhaust his administrative remedies. McKart was convicted and sentenced to three years in prison. The court of appeals affirmed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

Concurrence (White, J.)

Concurrence (Douglas, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 517,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 517,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 517,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,300 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership