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Rostker v. Goldberg

United States Supreme Court
453 U.S. 57 (1981)


Facts

When the Soviet Union invaded Afghanistan in 1980, President Carter reactivated the draft registration process. Carter attempted to expand the scope of the draft by requiring both males and females to register. Congress reacted by passing the Military Selective Service Act (MSSA) which prohibited the President from requiring females to register. Goldberg (plaintiff), a male citizen, and several other males brought suit against Rostker (defendant) in federal district court. Goldberg challenged the MSSA on the grounds that it violated the Fifth Amendment to the Constitution. The district court agreed with Goldberg, and Rostker appealed to the United States Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Rehnquist, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (White, J.)

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Dissent (Marshall, J.)

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