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NAT. COALITION FOR MEN v. SELECTIVE SERVICE SYSTEM

No. 19-20272.

969 F.3d 546 (2020)

NATIONAL COALITION FOR MEN; James Lesmeister, individually and on behalf of others similarly situated; Anthony Davis, Plaintiffs-Appellees, v. SELECTIVE SERVICE SYSTEM; Donald Benton, as Director of Selective Service System, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed August 13, 2020.

Attorney(s) appearing for the Case

Marc Etienne Angelucci , Attorney, Crestline, CA, for Plaintiffs-Appellees.

Benjamin M. Shultz , Mark Bernard Stern, Esq. , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Michael J. Gerardi , U.S. Department of Justice, Washington, DC, Claire McCusker Murray , U.S. Department of Justice, Office of the Solicitor General, Washington, DC, for Defendants-Appellants.

Lawrence John Joseph , Washington, DC, for Amicus Curiae Eagle Forum Education and Legal Defense Fund.

Andre Segura , American Civil Liberties Union of Texas, Houston, TX, Amici American Civil Liberties Union Foundation of Texas, American Civil Liberties Union, 9to5, National Association of Working Women, A Better Balance, Gender Justice, KWH Law Center for Social Justice and Change, National Organization for Women Foundation, National Women's Law Center, Women's Law Center of Maryland, Women's Law Project.

Before Wiener, Stewart, and Willett, Circuit Judges.

Plaintiffs-Appellees James Lesmeister, Anthony Davis, and the National Coalition for Men sued Defendant-Appellants the Selective Service System and its director (collectively, "the Government") alleging that the male-only military draft is unlawful sex discrimination. The district court granted Plaintiffs-Appellees declaratory judgment, holding...

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