Federal appeals court: Male-only draft is constitutional

Legal Business

A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, citing a 1981 U.S. Supreme Court decision.

In a decision that overturned a 2019 ruling by a Texas-based federal judge, a panel of the 5th U.S. Circuit Court of Appeals in New Orleans said “only the Supreme Court may revise its precedent.”

The case was argued in March  and was the result of a lawsuit by the National Coalition for Men and two men challenging the male-only draft. They argued that the 1981 case was decided at a time when women were largely absent from combat.

Thursday’s unanimous ruling from the three-judge panel acknowledged that “the factual underpinning of the controlling Supreme Court decision has changed. However, the judges noted, “that does not grant a court of appeals license to disregard or overrule that precedent.”

Plaintiffs in the case could seek a rehearing before the full 17-judge appeals court or go to the Supreme Court. Harry Crouch, president of the National Coalition for Men, said organization leaders will discuss their next move with attorneys. “All I can tell you is we will be moving the case forward,” he said.

The U.S. government stopped drafting young men into the military in 1973. But every male must still register for the draft when he turns 18. Earlier this year ? after the arguments before the 5th Circuit ? a federal commission recommended including women in the military draft system.

“The Commission concluded that the time is right to extend Selective Service System registration to include men and women, between the ages of 18 and 26. This is a necessary and fair step, making it possible to draw on the talent of a unified Nation in a time of national emergency,” the commission’s final report  said.

The 2019 district court decision declaring the male-only draft unconstitutional had been appealed by the Selective Service System, the federal agency that administers the draft. The appeal was argued during a series of 5th Circuit hearings at Tulane University. The judges were Carl Stewart, Don Willett and Jacques Weiner.

Arguing for the National Coalition for men was Marc Angelucci, an attorney who was shot to death in July. Authorities later linked the killing of Angelucci in California to Roy Den Hollander, 72, who was found dead of a self-inflicted gunshot wound on July 20, the day after an ambush shooting in New Jersey that killed U.S. District Judge Esther Salas’ 20-year-old son and wounded her husband.

Related listings

  • Unanimous Supreme Court throws out ‘Bridgegate’ convictions

    Unanimous Supreme Court throws out ‘Bridgegate’ convictions

    Legal Business 05/05/2020

    A unanimous Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate”  scandal that ultimately derailed the 2016 president bid of their ally, then-New Jersey Gov. Chris Christie.The ju...

  • High court declines to revisit immigrant issue during virus

    High court declines to revisit immigrant issue during virus

    Legal Business 04/24/2020

    The Supreme Court on Friday declined a request by states who cited the coronavirus pandemic in asking the justices to reverse course and temporarily halt a Trump administration policy that makes it harder for legal immigrants to become permanent resi...

  •  Voters reject Trump’s pick in chaotic Wisconsin court race

    Voters reject Trump’s pick in chaotic Wisconsin court race

    Legal Business 04/14/2020

    A liberal challenger on Monday ousted a conservative Wisconsin Supreme Court justice endorsed by President Donald Trump, overcoming a successful push by Republicans to forge ahead with last week’s election even as numerous other states postpone...

Business News

New York Adoption Lawyers Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City. >> read
Chicago Work Accident Lawyers at Krol, Bongiorno & Given have been a leader in the field of workers' compensation law. >> read