Please ensure Javascript is enabled for purposes of website accessibility
Federal Appeals Court: Male-Only Draft Is Constitutional
gvw_ap_news
By Associated Press
Published 4 years ago on
August 13, 2020

Share

NEW ORLEANS — 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.

Every Male Must Still Register for the Draft When He Turns 18

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 TOPICS:

DON'T MISS

How About an Honest Conversation About the Range of Light Monument Proposal?

DON'T MISS

UConn Coach Geno Auriemma Breaks NCAA Wins Record With 1,217th Victory

DON'T MISS

Fresno Doctors Will Pay $2.4 Million to Settle Kickback Allegations, DOJ Says

DON'T MISS

Warriors Guard De’Anthony Melton to Undergo Season-Ending Knee Surgery

DON'T MISS

Massive Ground Beef Recall Affects Restaurants Nationwide, USDA Warns

DON'T MISS

Chris Stapleton Wins 4 CMA Awards, but Morgan Wallen Is Entertainer of the Year

DON'T MISS

These Fresno Schools Are Unsafe and in Bad Condition. And No One Is Complaining

DON'T MISS

Putin Says Russia Has Tested a New Intermediate Range Missile in a Strike on Ukraine

DON'T MISS

SEC Chair Gary Gensler, Who Led US Crackdown on Cryptocurrencies, to Step Down

DON'T MISS

Is Fresno Mobile Home Park Controversy Over? Tenants Applaud Federal Judge’s Ruling

UP NEXT

Bomb Cyclone Kills 1 and Knocks Out Power to Over Half a Million Homes Across the Northwest US

UP NEXT

Volunteers Came Back to Nonprofits in 2023, After the Pandemic Tanked Participation

UP NEXT

New Study: Proposed Trump Tariffs Could Cost US Consumers $78 Billion a Year

UP NEXT

Riders Stuck in Midair for Over 2 Hours on Knott’s Berry Farm Ride

UP NEXT

Shouting Racial Slurs, Neo-Nazi Marchers Shock Ohio’s Capital

UP NEXT

More Logging Is Proposed to Help Curb Wildfires in the US Pacific Northwest

UP NEXT

Scientists Fear What’s Next for Public Health if RFK Jr. Is Allowed To ‘Go Wild’

UP NEXT

Warren Slams Biden Admin for Failing to Hold Israel Accountable on Gaza Aid

UP NEXT

Suicides in the US Military Increased in 2023, Continuing a Long-Term Trend

UP NEXT

New FDA Rules for TV Drug Ads: Simpler Language and No Distractions

Warriors Guard De’Anthony Melton to Undergo Season-Ending Knee Surgery

56 minutes ago

Massive Ground Beef Recall Affects Restaurants Nationwide, USDA Warns

1 hour ago

Chris Stapleton Wins 4 CMA Awards, but Morgan Wallen Is Entertainer of the Year

1 hour ago

These Fresno Schools Are Unsafe and in Bad Condition. And No One Is Complaining

1 hour ago

Putin Says Russia Has Tested a New Intermediate Range Missile in a Strike on Ukraine

1 hour ago

SEC Chair Gary Gensler, Who Led US Crackdown on Cryptocurrencies, to Step Down

2 hours ago

Is Fresno Mobile Home Park Controversy Over? Tenants Applaud Federal Judge’s Ruling

2 hours ago

Wiggins, Curry Power Warriors to Dominant Win Over Hawks

2 hours ago

Sale and Skubal Claim Cy Young Awards After Historic Pitching Triple Crown Seasons

2 hours ago

What Will Happen to CNBC and MSNBC When They No Longer Have a Corporate Connection to NBC News?

2 hours ago

How About an Honest Conversation About the Range of Light Monument Proposal?

It sometimes seems that we have lost the ability to truly communicate with one another. It is not so much what we say to one another, but ho...

9 minutes ago

9 minutes ago

How About an Honest Conversation About the Range of Light Monument Proposal?

42 minutes ago

UConn Coach Geno Auriemma Breaks NCAA Wins Record With 1,217th Victory

48 minutes ago

Fresno Doctors Will Pay $2.4 Million to Settle Kickback Allegations, DOJ Says

56 minutes ago

Warriors Guard De’Anthony Melton to Undergo Season-Ending Knee Surgery

1 hour ago

Massive Ground Beef Recall Affects Restaurants Nationwide, USDA Warns

1 hour ago

Chris Stapleton Wins 4 CMA Awards, but Morgan Wallen Is Entertainer of the Year

1 hour ago

These Fresno Schools Are Unsafe and in Bad Condition. And No One Is Complaining

1 hour ago

Putin Says Russia Has Tested a New Intermediate Range Missile in a Strike on Ukraine

Help continue the work that gets you the news that matters most.

Search

Send this to a friend