NEW ORLEANS (AP) – A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, citing a 1981 U.S. Supreme Court decision.
In a decision that overturned a 2019 ruling by a Texas-based federal judge, a panel of the 5th U.S. Circuit Court of Appeals in New Orleans said “only the Supreme Court may revise its precedent.”
The case was argued in March and was the result of a lawsuit by the National Coalition for Men and two men challenging the male-only draft. They argued that the 1981 case was decided at a time when women were largely absent from combat.
Thursday’s unanimous ruling from the three-judge panel acknowledged that “the factual underpinning of the controlling Supreme Court decision has changed. However, the judges noted, “that does not grant a court of appeals license to disregard or overrule that precedent.”
Plaintiffs in the case could seek a rehearing before the full 17-judge appeals court or go to the Supreme Court. No one responded Thursday to email and telephone queries to the National Coalition for Men.