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U.S. NEWS Wednesday 4 March 2020

Court considers whether men-only draft is constitutional

By KEVIN McGILL and other observers at Tu- determining whether to need for equipment and mountable precedent.
Associated Press lane University. draft women in the event facilities for women drafted The appeals panel is con-
NEW ORLEANS (AP) — Marc Angelucci, an attor- of a wartime emergency in equal numbers to men. sidering whether to up-
Weeks before a govern- ney arguing for the Nation- necessitating the return of Those arguments are of hold a Texas-based federal
ment commission weighs al Coalition for Men and conscription. Those con- little consequence, Weiner judge's 2019 ruling that the
in on the subject, a federal two men challenging the siderations include antici- said, if the court holds that men-only draft is unconsti-
appeals court panel was male-only draft, said the pated mortality rates for the 1981 Supreme Court tutional. It did not indicate
urged Tuesday to rule un- 1981 case was decided at women in combat, and the ruling constitutes an insur- when it would rule.q

In this Sept. 18, 2012 file photo, female soldiers from 1st Brigade
Combat Team, 101st Airborne Division train on a firing range
while testing new body armor in Fort Campbell, Ky.
Associated Press
constitutional the military's a time when women were
all-male draft registration largely absent from com-
system. bat.
But the three members of Having women in com-
the 5th U.S. Circuit Court of bat roles now significantly
Appeals appeared skepti- changes the circumstanc-
cal that they should do so es, Angelluci said. And, he
in light of a 1981 Supreme said, lower courts are not
Court ruling that upheld the bound to outdated prec-
men-only draft registration edents when the facts
system. change so significantly.
Judges Carl Stewart, Don Arguing for the govern-
Willett and Jacques Weiner ment, U.S. Justice Depart-
questioned whether the ment lawyer Claire Mur-
1981 precedent could be ray said lower courts don't
disregarded, even when have the authority to over-
the military decided in 2015 turn the Supreme Court
to allow women into com- precedent.
bat roles. She added that the courts
"That doesn't free us to en- must defer to Congress in
gage in anticipatory over- matters governing the mili-
ruling does it?" Willett asked tary draft. Congress has not
during Tuesday's hearing. moved to require women
The session was held before to register.
an audience of roughly 50 She said Congress has le-
students, faculty members gitimate considerations in