Gonzales v. United States (348 U.S. 407)/Dissent Reed

Mr. Justice REED, with whom Mr. Justice BURTON joins, dissenting.

I would affirm. The prescribed procedure, including especially the hearing before a hearing officer, provided adequate protection for petitioner, and I find no express or implied statutory or administrative requirement that the Department of Justice send to petitioner a copy of its advisory report to the Appeal Board.

The report of the Department of Justice is advisory only. As the registrant has, under Selective Service Regulations, 32 CFR § 1606.32(a)(1), a right to examine the report, as well as all other information in the file, and under § 1625(1) and (2) reopen the classification on a showing of error, the 'fair and just' requirement for a hearing is satisfied. United States v. Nugent, 346 U.S. 1, 73 S.Ct. 991, 97 L.Ed. 1417.