Rostker v. Goldberg

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Rostker v. Goldberg

Supreme Court of the United States

Argued March 24, 1981
Decided June 25, 1981


Full case name:	Bernard Rostker, Director of Selective Service et al. v. Robert L. Goldberg et al.

Citations:	453 U.S. 57

Holding

The Act's registration provisions do not violate the Fifth Amendment. Congress acted well within its constitutional authority to raise and regulate armies and navies when it authorized the registration of men and not women.

Court membership

Chief Justice: Warren E. Burger
Associate Justices: William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis Franklin Powell, Jr., William Rehnquist, John Paul Stevens

Case opinions

Majority by: Rehnquist
Joined by: Burger, Stewart, Blackmun, Powell, Stevens
Dissent by: White
Joined by: Brennan
Dissent by: Marshall
Joined by: Brennan

Laws applied

*Military Selective Service Act, 50 U.S.C. App. 451 et seq. (1976 ed. and Supp. III)
*U.S. Const. Amend. V.

Rostker v. Goldberg, 453 U.S. 57 (1981),^[1] was a decision of the United States Supreme Court holding that the U.S. Congress could require the Selective Service system to adopt a policy of requiring only males to register for the draft. In a written opinion by Justice William Rehnquist and supported by a 6-3 vote, the Court held, "[t]he existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them." Implicit in the obiter dicta of the ruling was to hold valid the statutory restrictions on gender discrimination in assigning combat roles.