Rostker v. Goldberg

453 U.S. 57 (1981)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Act required the registration of every male citizen and male resident aliens between the ages of 18 and 26. Several men subject to registration for the draft and subsequent induction into the Armed Services filed a complaint challenging the unlawful gender-based discrimination. Although authority to induct registrants had lapsed by 1974, the court refused to dismiss as Ps were still under certain affirmative obligations in connection with registration. Nothing happened for five years, and in 1979, the court Clerk proposed that the case be dismissed. Additional discovery ensued, and D moved to dismiss on various justiciability grounds. On July 1, 1980, the court certified a plaintiff class of all male persons who are registered or subject to registration. On Friday, July 18, 1980, three days before registration was to commence, the Court issued an opinion finding that the Act violated the Due Process Clause of the Fifth Amendment and permanently enjoined the Government from requiring registration under the Act. The court initially determined that Ps had standing and that the case was ripe. The court rejected Ps' suggestions that the equal protection claim should be tested under 'strict scrutiny,' and also rejected Ds' argument that the deference due Congress in the area of military affairs required application of the traditional 'minimum scrutiny' test. Applying the 'important government interest' test articulated in Craig v. Boren the court struck down the Act. The court stressed that it was not deciding whether or to what extent women should serve in combat, but only the issue of registration. The Third Circuit stayed the District Court's order enjoining commencement of registration.