ROSTKER V. GOLDBERG, 448 U. S. 1306 (1980)

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U.S. Supreme Court

Rostker v. Goldberg, 448 U.S. 1306 (1980)

Rostker v. Goldberg

No. A-70

Decided July 19, 1980

448 U.S. 1306


An application to stay, pending review on appeal, the three-judge District Court's order invalidating the registration provisions of the Military Selective Service Act on the ground that exclusion of females from such provisions constitutes gender-based discrimination in violation of the equal protection component of the Fifth Amendment, is granted. It appears that there is a "reasonable probability" that four Justices will note probable jurisdiction, that there are "fair" prospects for a reversal, and that, in balancing the irreparable harm that allegedly would result to the Government if the stay is denied against the harm that allegedly would result to the persons required to register under the Act if the stay is granted, the equities favor the Government.

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