ELGIN v. U.S. DEPT. OF TREASURY

No. 10-1302.

641 F.3d 6 (2011)

Michael B. ELGIN; Aaron Lawson; Henry Tucker; Christon Colby, on behalf of themselves and similarly situated men throughout the United States, Plaintiffs, Appellants, v. U.S. DEPARTMENT OF the TREASURY; U.S. Department of the Interior; United States, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 8, 2011.


Attorney(s) appearing for the Case

Harvey A. Schwartz with whom Rodgers, Powers & Schwartz was on brief for appellants.

Jeffrey Clair , Civil Division, Department of Justice, with whom Michael S. Raab , Civil Division, Department of Justice, Tony West , Assistant Attorney General, and Carmen Ortiz , United States Attorney, were on brief for appellees.

Before BOUDIN, STAHL and HOWARD, Circuit Judges.


BOUDIN, Circuit Judge.

A federal statute bars employment in the Executive Branch of citizens and resident aliens who were required to register for the draft with the Selective Service System and who "knowingly and willfully" did not do so before age twenty-six. In the district court, four plaintiffs, who are male United States citizens over age twenty-six, sought to challenge this statutory bar on constitutional grounds, failed on the merits, and now appeal.

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