Selective Service Defends Men-Only Draft In 5th Circ.

Law360 (August 15, 2019, 4:21 PM EDT) -- A Texas district court wrongly ruled that women serving in combat means that a U.S. Supreme Court decision supporting a law requiring only men to register for the military draft is no longer applicable, the Selective Service System told the Fifth Circuit Wednesday.

Only the Supreme Court itself can decide whether its 1981 Rostker v. Goldberg decision, backing the constitutionality of a men-only draft registration requirement, is no longer relevant after restrictions on women serving in combat positions were lifted, according to the Selective Service System, the agency that administers draft registrations.

The agency urged the Fifth Circuit to overturn the...

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