Rostker v. Goldberg
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| Rostker v. Goldberg | |||||||||
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 Supreme Court of the United States |
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| Argued March 24, 1981 Decided June 25, 1981 |
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| Holding | |||||||||
| The Act's registration provisions do not violate the Fifth Amendment. Congress acted well within its constitutional authority to raise and regulate armies and navies when it authorized the registration of men and not women. | |||||||||
| Court membership | |||||||||
| Chief Justice: Warren E. Burger Associate Justices: William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis Franklin Powell, Jr., William Rehnquist, John Paul Stevens |
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| Case opinions | |||||||||
| Majority by: Rehnquist Joined by: Burger, Stewart, Blackmun, Powell, Stevens Dissent by: White Joined by: Brennan Dissent by: Marshall Joined by: Brennan |
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| Laws applied | |||||||||
| *Military Selective Service Act, 50 U.S.C. App. 451 et seq. (1976 ed. and Supp. III) *U.S. Const. Amend. V. |
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Rostker v. Goldberg, 453 U.S. 57 (1981), was a decision of the United States Supreme Court holding that the U.S. Congress could require the Selective Service system to adopt a policy of requiring only males to register for the draft. In a written opinion by Justice William Rehnquist and supported by a 6-3 vote, the Court held, "[t]he existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them." Implicit in the obiter dicta of the ruling was to hold valid the statutory restrictions on gender discrimination in assigning combat roles.
[edit] See also
[edit] External links
- ↑ 453 U.S. 57 Full text of the opinion courtesy of Findlaw.com.
- Rostker v. Goldberg Opinion From American University
- Summary of case from OYEZ
