Schlesinger v. Ballard

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Schlesinger v. Ballard
Argued October 15, 1974
Decided January 15, 1975
Full case nameJames R. Schlesinger, Secretary of Defense, et al. v. Ballard
Citations419 U.S. 498 (more)
95 S. Ct. 572; 42 L. Ed. 2d 610; 1975 U.S. LEXIS 22; 9 Fair Empl. Prac. Cas. (BNA) 33; 9 Empl. Prac. Dec. (CCH) ¶ 9894
Case history
PriorAppeal from the United States District Court for the Southern District of California
Holding
The Court upheld a federal statute that granted female Naval officers four more years of commissioned service before mandatory discharge than male Naval officers.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityStewart, joined by Burger, Blackmun, Powell Rehnquist
DissentBrennan, joined by Douglas, Marshall
DissentWhite

Schlesinger v. Ballard, 419 U.S. 498 (1975), was a United States Supreme Court case that upheld a federal statute granting female Naval officers four more years of commissioned service before mandatory discharge than male Naval officers.[1][2]

Decision

A federal statute granted female Naval officers fourteen years of commissioned service while allowing only nine years of commissioned service for male Naval officers before mandatory discharge. The Supreme Court held that the law passed intermediate scrutiny equal protection analysis because women, excluded from combat duty, had fewer opportunities for advancement in the military. The Court found the statute to directly compensate for the past statutory barriers to advancement.[3]

References

  1. ^ Schlesinger v. Ballard, 419 U.S. 498 (1975).
  2. ^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, NY: 2009, p. 583
  3. ^ Varat, p. 583

External links