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Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. Since 2019, he has been serving on the State Department’s Policy Planning Staff in the office of the secretary. He is a 2017 winner of the ...
Women And The Draft
Two months ago Secretary of Defense Ashton Carter announced that all combat specialties in the armed forces would be opened to qualified females. This decision reopened the question of whether or not women should be required to register for Selective Service. In Rostker vs. Goldberg in 1981, the Supreme Court ruled that since the main purpose of the draft is to provide manpower for combat forces, the government’s exclusion of women did not violate the due process clause of the 5th Amendment. Since women can now serve in the combat arms, a legal challenge to the exclusion of women from the draft might very well succeed.