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Federal appeals court rules that male-only draft remains constitutional

A lower court had previously ruled that the maintenance of the male-only draft in the United States is unconstitutional.

Published: August 14, 2020 12:01pm

Updated: August 14, 2020 12:30pm

On Thursday, a federal appeals court in New Orleans ruled that requiring only young men to register for the U.S. military draft remains constitutional. 

In 1981, the Supreme Court ruled that women may be excluded from the draft, since military combat jobs were closed to them. Despite the opening of combat jobs to women, the 5th Circuit Court of Appeals ruled that it could not reverse the Supreme Court's decision on the issue. 

"Only the Supreme Court may overrule its precedents," wrote the three-judge panel. "The factual underpinning of the controlling Supreme Court decision has changed, but that does not grant a court of appeals license to disregard or overrule that precedent." 

There has not been a military draft in the United States since the Vietnam War, and Department of Defense officials maintain that they wish to keep the armed forces an entirely volunteer-based service. 

The panel's decision overturns a previous decision from a lower court that ruled the all-male draft is unconstitutional. The suit was brought originally by a men's rights group known as the National Coalition for Men. They argued that the Selective Service System, for which men aged 18-25 must register, is discriminatory. 

Following Thursday's decision, the organization said it is "exploring its options" for possible next steps, which could include a petition for the Supreme Court to hear the case. 

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