Rostker v. Goldberg (1981)
Issue: Has Congress, acting under an explicit constitutional grant of authority, by that action transgressed an explicit guarantee of individual rights which limits this authority.
Holding: “Men and women, because of the combat restrictions on women, are simply not similarly situated for purposes of a draft or registration for a draft.” Further stated that this sex-based classification was “closely related to Congress’ purpose in authorizing registration.”
Marshall, Brennan (dissenting): Says that the question under the Craig test is not whether the gender-neutral classification would substantially advance important governmental interests, but rather whether the gender-based classification is substantially related to the achievement of the asserted gov’t interest.
NOTE: example of judicial deference to the legislature.
Facts: Section 3 of the Military Selective Service Act challenged on Equal Protection grounds b/c it excludes women. The MSS requires “every male citizen” and male resident aliens b/w 18 and 26 to register for the draft.
Issue: Has Congress, acting under an explicit constitutional grant of authority, by that action transgressed an explicit guarantee of individual rights which limits this authority.
Holding: “Men and women, because of the combat restrictions on women, are simply not similarly situated for purposes of a draft or registration for a draft.” Further stated that this sex-based classification was “closely related to Congress’ purpose in authorizing registration.”
Marshall, Brennan (dissenting): Says that the question under the Craig test is not whether the gender-neutral classification would substantially advance important governmental interests, but rather whether the gender-based classification is substantially related to the achievement of the asserted gov’t interest.
NOTE: example of judicial deference to the legislature.
No comments:
Post a Comment