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Judge Declares Male-Only Draft Unconstitutional 

Source: San Diego Union-Tribune

February 25 2019

USA

A federal judge has ruled that a male-only draft violates the Constitution, reports the San Diego Union-Tribune

Gray Miller of the Southern District of Texas issued his decision on Friday, siding with the petitioner. 

Miller noted that the previous decision on the matter, Rostker v. Goldberg in 1981, was premised on the idea that women did not serve in combat roles, reported USA Today

The Pentagon lifted such restrictions in 2015. 

The ruling was a declaratory judgement and did not immediately require the Selective Service to begin including women, noted the Lawfare blog. 

An 11-member commission is currently studying the future of the Selective Service System, including the possibility of registering women. 

A report released last month did not reveal the commission's position. A full report is expected in 2020.

In his ruling, Miller noted that the commission is an advisory body and that Congress is not obligated to abide by its findings. 

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