Whether the federal requirement that men but not women register for the Selective Service, authorized under 50 U.S.C. § 3802(a), violates the right to equal protection guaranteed by the Fifth Amendment

QUESTION PRESENTED In Rostker v. Goldberg, 453 U.S. 57 (1981), this Court held that the Military Selective Service Act, under which men—but not women—are required to register for the draft, withstood constitutional challenge because women at that time were categorically prohibited from serving in combat roles. Because the primary purpose of registration was to replace combat troops, the Court explained, “[t]he existence of the combat restrictions clearly indicates the basis for Congress’ decision to exempt women from registration.” Id. at 77. In 2013, the Department of Defense lifted the ban on women in combat. But the obligation to register remains limited to men. The question presented is whether, in light of the Department of Defense having lifted the ban on women in combat, this Court should overrule Rostker and hold that the federal requirement that men but not women register for the Selective Service, authorized under 50 U.S.C. § 3802(a), violates the right to equal protection guaranteed by the Fifth Amendment. (i)