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ROSTKER v. GOLDBERG

No. 80-251.

453 U.S. 57 (1981)

101 S.Ct. 2646

69 L.Ed.2d 478

ROSTKER, DIRECTOR OF SELECTIVE SERVICE v. GOLDBERG ET AL.

Supreme Court of United States.

Decided June 25, 1981.

Attorney(s) appearing for the Case

Solicitor General McCree argued the cause for appellant. With him on the briefs were Assistant Attorney General Daniel, Acting Assistant Attorney General Martin, Deputy Solicitor General Claiborne, Barbara E. Etkind, William Kanter, and Mark H. Gallant.

Donald L. Weinberg argued the cause for appellees. With him on the brief were Harold E. Kohn, Stuart H. Savett, Isabelle Katz Pinzler, Bruce J. Ennis, and Laurence H. Tribe.*

Briefs of amici curiae urging affirmance were filed by Daniel Marcus for Congressman Robert W. Kastenmeier et al.; by Paul Kenney for Men's Rights, Inc.; by Barbara A. Brown, Thomas J. Hart, Phyllis N. Segal, and Judith I. Avner for the National Organization for Women; and by Judith L. Lichtman for the Women's Equity Action League Educational and Legal Defense Fund et al.

Daniel J. Popeo and Paul D. Kamenar filed a brief for Congressman Lawrence P. McDonald et al. as amici curiae.

JUSTICE REHNQUIST delivered the opinion of the Court.

The question presented is whether the Military Selective Service Act, 50 U. S. C. App. § 451 et seq. (1976 ed. and Supp. III), violates the Fifth Amendment to the United States Constitution in authorizing the President to require the registration of males and not females.

I

Congress is given the power under the Constitution "To raise and support Armies," "To provide and maintain a...

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