Rostker v. Goldberg (1981)

Question 1

Rostker v. Goldberg (1981)
Facts

Answer 1

MSA of 1980
Register men aged 18-25
the draft

Question 2

Rostker v. Goldberg (1981)
Issue

Answer 2

Does the MSSA, by requiring the registration of males and not females, violate the 5th amendment due process clause?

Question 3

Rostker v. Goldberg (1981)
Ruling

Answer 3

No

Question 4

Rostker v. Goldberg (1981)
Majority (Rehnquist)

Answer 4

National defense – most deference
Congress “extensively considered”
Exclusion not an accidental by-product of stereotypes
Purpose to draft combat troops
Not similarly situated
“exemption…closely related to Congress’ positions”

Question 5

Rostker v. Goldberg (1981)
Dissenting (White and Brennan)

Answer 5

Use registration for non-combat positions

Question 6

Rostker v. Goldberg (1981)
Dissenting (Marshall and Brennan)

Answer 6

Misapplies intermediate scrutiny
“gov must show registering women would implode its efforts”
Other means available
Not too costly
Based on combat eligibility