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<blockquote data-quote="Dave70968" data-source="post: 3026912" data-attributes="member: 13624"><p>You're conflating two things. Yes, the Congress can prevent them from serving (at least in combat), but this is a unilateral executive action. Moreover, women weren't prevented from serving, just in front-line combat. My mom did twenty-plus and retired long before the combat restriction was lifted. There are arguably good reasons for keeping women out of front-line combat: it's a physically demanding environment, and the <em>average</em> woman is not up to the same challenges as the <em>average</em> man.</p><p></p><p>Moreover, social attitudes have changed radically since 1981 (when <em>Rostker</em> was decided), with a resultant change in jurisprudence. Could you imagine the 1981 Court giving us <em>Obergefell</em>?</p><p></p><p>It's going to be an interesting case.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3026912, member: 13624"] You're conflating two things. Yes, the Congress can prevent them from serving (at least in combat), but this is a unilateral executive action. Moreover, women weren't prevented from serving, just in front-line combat. My mom did twenty-plus and retired long before the combat restriction was lifted. There are arguably good reasons for keeping women out of front-line combat: it's a physically demanding environment, and the [I]average[/I] woman is not up to the same challenges as the [I]average[/I] man. Moreover, social attitudes have changed radically since 1981 (when [I]Rostker[/I] was decided), with a resultant change in jurisprudence. Could you imagine the 1981 Court giving us [I]Obergefell[/I]? It's going to be an interesting case. [/QUOTE]
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