US News Federal appeals court rules that male-only draft is constitutional, only Supreme Court may revise its precedent

tom_mai78101

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NEW ORLEANS (AP) — 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.

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. Their arguments had been that the the 1981 case was decided at a time when women were largely absent from combat.

There was no dissent in Thursday’s ruling from a three-judge panel. Plaintiffs in the case could seek a rehearing before the full court or go to the Supreme Court.

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.

Read more here. (MarketWatch)
 
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