concurring:
I concur in the result and in the opinion of the Court except in one respect. Petitioner claims the local board’s order of classification was invalid because that board refused to classify petitioner as a minister on the basis of an antipathy to the religious sect of which he is a member. And, if the question were open, the record discloses that some evidence tendered to sustain this charge was excluded in the trial court. But petitioner has made no such charge concerning the action of the appeal board which reviewed and affirmed the local board’s order. And there is nothing to show that the appeal board acted otherwise than according to law. If therefore the local board’s order was invalid originally for the reason claimed, as to which I express no opinion, whatever defect may have existed was cured by the appeal board’s action. Apart from some challenge upon constitutional grounds, I have no doubt that Congress could and did exclude judicial review of Selective Service orders like that in question. Accordingly I agree that the conviction must be sustained.