Male-Only Draft Is Constitutional, Federal Appeals Court Rules

by Neil Shah


A Louisiana federal appeals court ruled Thursday that the all-male military draft is constitutional, according to the Associated Press.

The 5th U.S. Circuit Court of Appeals in New Orleans overturned a Texas court’s 2019 decision, saying in the newest decision that “only the Supreme Court may revise its precedent,” the AP reported.

California-based men’s rights group the National Coalition for Men and two individuals, James Lesmeister and Anthony Davis, filed a lawsuit against the Selective Service and its director, Donald Benton, for unlawful sex discrimination, according to court documents.

The case was initially argued in the United States District Court for the Southern District of Texas, per court documents.

“At this time NCFM is exploring its options, including filing a Petition for Write of Certiorari with the United States Supreme Court,” the National Coalition for Men said in a statement following the most recent court decision.

Selective Service System spokesperson Jennifer Burke told the Daily Caller News Foundation, “The recent court ruling regarding Selective Service indicates that the agency’s current registration efforts remain constitutional.”

“Regardless, the agency remains capable of adapting to any potential changes to the law, should they occur,” Burke added.

The National Commission on Military, National and Public Service said in March 2020 report,”[T]he 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 federal commission was created to conduct a “review of the military selective service process,” according to its website.

The 5th Circuit court cited the 1981 United States Supreme Court case Rostker v. Goldbergthe AP reported, which stated that a male-only draft does not violate the Due Process Clause of the Fifth Amendment, according to the court’s opinion.

“Men and women, because of the combat restrictions on women, are simply not similarly situated for purposes of a draft or registration for a draft,” the Supreme Court wrote in the 1981 case, according to the opinion.

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Neil Shah is a reporter for the Daily Caller News Foundation.








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One Thought to “Male-Only Draft Is Constitutional, Federal Appeals Court Rules”

  1. William Delzell

    The Appeals Court made a disgusting decision when it decided to uphold a misandrist (anti-male) law. At a time when women have all our rights and when the military no longer bars women from combat, no rational exists any more to single out men for forced military service. I oppose anybody of either gender having to register and I oppose the wars that the post-1945 draft law was designed to support and prolong. If it were up to me, the female judge who presided over the three-judge ruling should be the first person drafted. Maybe then she would think twice before she tries to play Russian Roulette with the lives of our male (or female) 18 year olds. The late newspaper reporter, Jack Newfield, would have a name for women (or men) like this female judge: war-wimp or chicken-hawk. In the case of this judge, a war-wimp is a woman who is “brave” with male lives, but not with female lives, much less her own life!

    Our young men and those who care for their welfare should not stand for this anti-male law any more than poor people should stand for police who favor the rich over the poor. Same principle!