The Article suggests a better basis for retaining the requirement that the Selective Service System state reasons for its denial of a registrant's deferment request than the two reasons most often stated: facilitation of administrative decisions and of judicial review. The Selective Service System determines whether a person shall be required involuntarily to serve two years in the military, possibly at the risk of life and limb. Certainly those deprivations are as real and as severe as any to which the due process clause is addressed. The Article concludes that due process, not administrative or judicial convenience, should be held to require that the Selective Service System justify its decisions, which may affect registrants' lives and which do affect their liberty.
Donald L. Doernberg, Pass in Review: Due Process and Judicial Scrutiny of Classification Decisions of the Selective Service System, 33 Hastings L.J. 871 (1982), available at http://digitalcommons.pace.edu/lawfaculty/53/.