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National Coalition for Men, et al. v. Selective Service System, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-7746 · judgment December 4, 2025


Certiorari denied · June 8, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This petition presents an issue of national and constitutional significance under the Military Selective Service Act, which requires men, but not women, to register with the Selective Service System, to be called upon to serve in the military if the President initiates a draft.

  1. Standing: Whether the individual Plaintiffs have standing under Article III of the U.S. Constitution, established by allegations of a concrete and particularized injury-in-fact; and whether the organizational Plaintiff possesses standing by virtue of an injury to itself or through the injuries sustained by its members. Whether leave to amend the complaint should have been granted.

  2. Justiciable: Whether this Court’s continued deference to Congress concerning the male-only registration requirement of the Act is consistent with constitutional principles and judicial standards of review.

  3. Constitutional: The paramount question is whether the male-only registration requirement is discrimination on the basis of sex and therefore a violation of Petitioners’ Fifth Amendment guarantee of equal protection.

Counsel of record

For petitioner
Nadine Lewis
Nadine Lewis, Attorney at Law

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 08 2026
    Petition DENIED.
  2. May 29 2026
    Amicus brief of National Women Veterans United, et al. not accepted for filing. (June 03, 2026)
  3. May 19 2026
    DISTRIBUTED for Conference of 6/4/2026.
  4. May 07 2026
    Waiver of right of respondent Selective Serv. Sys., et al. to respond filed.
  5. Mar 03 2026
    Petition for a writ of certiorari filed. (Response due May 11, 2026)