Summary
The Supreme Court denied certiorari in a challenge to the male-only draft registration requirement under the Military Selective Service Act, leaving in place the Fifth Circuit's ruling. Justice Sotomayor's statement, joined by Justices Breyer and Kavanaugh, acknowledged that women's integration into all combat roles since *Rostker v. Goldberg* (1981) raises serious equal protection questions, but deferred to Congress, which was actively considering gender-neutral registration through the National Commission on Military, National, and Public Service. The case highlights the tension between evolving military gender roles and the Court's longstanding deference to Congress on national defense matters.
Topics
Practice areas
Questions Presented
- Whether the Military Selective Service Act's male-only registration requirement violates the Fifth Amendment's equal protection guarantee.
Key quotations
“The petition for a writ of certiorari is denied.” (1)
“The Fifth Amendment to the United States Constitution prohibits the Federal Government from discriminating on the basis of sex absent an 'exceedingly persuasive justification.'” (1)
“Women have become Army Rangers and been awarded the Green Beret, and a woman has recently completed the Navy's demanding assessment and selection process to qualify for SEAL training.” (2)
Factual background
The Military Selective Service Act requires men, but not women, to register for the draft. In Rostker v. Goldberg (1981), the Court upheld this requirement because women were excluded from combat roles. Since then, women have been integrated into all combat roles, including Army Rangers, Green Berets, and SEAL training. In 2016, Congress created the National Commission on Military, National, and Public Service, which recommended eliminating male-only registration. The Senate Armed Services Committee held a hearing on the issue in March 2021.
Procedural history
Petition for certiorari from the Fifth Circuit.