What will the SG do in National Coalition for Men v. Selective Service System?
Under current federal law, only men are required to register for the draft. The Supreme Court upheld 50 U.S.C. § 3802(a) in Rostker v. Goldberg (1981). At the time, women could not serve in combat roles. But in 2016, the Obama Administration allowed women to participate in combat roles. Subsequently, the National Coalition for Men challenged the federal law as a violation of the Equal Protection component of the Fifth Amendment. In 2019, a federal district court judge in Houston declared the policy unconstitutional. But in 2020, the Fifth Circuit found that the district court’s judgment “directly contradicts” Rostker.
This extension is requested to complete preparation of the government’s response, which was delayed because of the heavy press of earlier assigned cases to the attorneys handling this matter.
One month later, the Acting SG requested another extension:
This extension is necessary because the attorneys with principal responsibility for preparation of the government’s response have been heavily engaged with the press of previously assigned matters with proximate due dates.
What is going on here? Adam Liptak suggests that change may be afoot:
The Trump administration defended differing registration requirements in the appeals court. The Biden administration has twice sought extra time to respond to the petition seeking Supreme Court review in the case, National Coalition for Men v. Selective Service Sy
Article from Latest – Reason.com