On December 8, 2015 NCFM’s appeal in their lawsuit against the Selective Service challenging the constitutionality of the male-only draft requirement came up for oral argument before a three-judge panel at the 9th Circuit Federal Court of Appeals in Pasadena, California.

NCFM Vice President Marc Angelucci barely got three sentences in when the judges stopped him and essentially said there is no need to argue whether the dismissal was erroneous in 2013, because a few days ago the circumstances changed when the Department of Defense announced that women would be allowed in all combat roles. Angelucci, surprised and even somewhat taken back by the court’s position, reserved his remaining time and sat down. The Court understood.

The U.S. Attorney General then argued adamantly that even with the new announcement from the Department of Defense, the case is still not “ripe” (that it, the case is still premature) because there are still developments pending regarding women in combat. She also argued that NCFM and Lesmeister lack standing to sue and do not allege an actual injury.

The judges disagreed, pointing out that alleging a violation of Equal Protection is a claim of injury in and of itself. One judge even compared the situation to forcing only blacks to register for the draft.

We believe the judges will remand the case back to the District Court for further proceedings, including that it will be heard on the merits rather than the issue of “ripeness.” NCFM hopes the decision is soon issued.

The Court noted that Congress might soon be dealing with the issue of women registering for Selective Service. It is conceivable the Courts may take its time in issuing a decision to give Congress more time to act.

It is curious that the Secretary of Defense removing the last legal barrier to women registering for Selective Service did not compel the U.S. Attorney General to discontinue opposing our case, especially considering the current administration’s concern for gender equality.

Regardless, yesterday was a good day. It appears our appeal prevailed! Many thanks to our Vice-President Marc Angelucci.

A Washington Post reporter was there and ran a story quoting several NCFM members. https://www.washingtonpost.com/news/checkpoint/wp/2015/12/09/federal-appeals-court-considers-is-it-discrimination-for-only-men-to-register-for-the-draft/

The oral argument can be viewed and heard at https://www.youtube.com/watch?v=TQlFHYVlat4&feature=youtu.be&t=2h5m15s.

NCFM members after the court hearing.

The Selective Service System should be gender inclusive.

There is no legal reason women should not be required to register for Selective Service.