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Rostker V. Goldberg Case Study

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President Jimmy Carter was ahead of his time when he asked Congress to re-activate the draft registration and amend the Military Selective Service Act to include women as well. Congress agreed to the draft registration but neglected to include women as they would only fill non-combat roles. However this led to several men challenging the act on a constitutional basis for gender-based discrimination under the Due Process Clause of the Fifth Amendment, which held up in district court and was soon brought to the Supreme Court. In the Case of Rostker v. Goldberg, the court decided in a 6-to-3 ruling that Congress's decision to exempt women from registration was not a by-product of a traditional way of thinking about females and did not violate...

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