Tuesday, April 10, 2018

Men-only draft registration challenge to proceed

A federal district judge in Houston has denied a government motion to dismiss a constitutional challenge to the statute that requires men but not women to register for the draft. The decision in National Coalition for Men v. Selective Service System, Civil No. H-16-3362 (S.D. Tex. Apr. 6, 2018), can be found here. Bottom line:
"Plaintiffs allege that the MSSA [Military Selective Service Act] violates the Constitution. Because Rostker explicitly requires Congress to comply with the Constitution in the area of military affairs, and because Plaintiffs allege Defendants did not, Plaintiffs state a claim upon which relief can be granted." [References omitted.]

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