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 judge