NCFM v. Selective Service – Court Selective Service’s motion to dismiss

mraab April 7, 2018 0 Comments

Click on We Can Do It to read the court decision

Good news! The Texas federal district court just sided with NCFM and denied the Selective Services’ Motion to Dismiss NCFM v. Selective Service, in which NCFM is challenging the constitutionality of the requirement that only men, but not women, must register for the draft.

To recap: NCFM initially filed the case in CA to challenge the Constitutionality of the sex discrimination against men in the Selective Service Act (without taking a position on whether to require both sexes to register, or end the draft, or whether women should be in combat, because the draft can include non-combat positions). The CA court dismissed the case as “not ripe” (premature). NCFM appealed. After two years and oral argument, the court of appeal reversed and remanded. Then the CA court transferred the case to Texas for jurisdictional reasons, which I won’t get into here. The Selective Service filed another motion to dismiss on other grounds not addressed by the CA court (standing, etc.). NCFM submitted its opposition, and after several months the Texas court just fully denied the Selective Service’s motion.

We are pleased with the decision, which you can read by clicking on the We Can Do It picture above or the link below. The case will probably now enter the discovery phase. We will keep you posted.

Marc Angelucci, NCFM Vice President and Attorney for NCFM