Olha Lee

Morgan Wood

Devyn Hood

FIGHTING CHANCE

Crystal Lile

Our Recommendation
Ebbets Chavez & Kofax

Should
Accept
the Lt. Connolly Case

This is what happened

1. District court found that the army did not violate the 14th
and 5th amendments

2. Lt. Connolly appealed

3. Court of Appeals for the District of Columbia found that the
Army did violate the amendments

4. The Army appealed the decision of the court of appeals to

the Supreme Court

The Chain of Appels

State Trial Court

State Court of Appeal

State Supreme Court

5th and 14th Amendments

Does the 5th Amendment apply? Why or why not?

The 5th Amendments Due Process Clause prohibits the federal government from
unreasonable discrimination, stating:

No person shall be...deprived of life, liberty, or

property, without due process* of law

*fair treatment through the normal judicial system, especially as a citizen's entitlement.
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5th and 14th Amendments

Does the 14th Amendment apply? Why or why not?

The 14th Amendment extends the 5th Amendments prohibition to the state
governments with itsEqual Protection Clause:

Nor shall any State deprive any person of life, liberty, or

property, without due process of law,
nor deny to any person within its jurisdiction the equal
protection of the laws.
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Balance between womens rights and state interests

Are there comparable alternatives to the Special Forces for women?

No, there are NO comparable alternatives to the Special

Forces for women.

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Balance between womens rights and state interests

What are the militarys interests in barring women from the Special
Forces?

The military believes that if they accept women into the Special
Forces, the entire military will not be capable of making necessary
progress.

FIGHTING CHANCE

Balance between womens rights and state interests

Is there a potential negative impact on the morale of the units if women are
admitted?

If women are admitted into the Special Forces, the units will have
to make special modifications to their systems, accepting more
members and shortening the term lengths.

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Risks associated with women in the Special Forces

Are there unique risks faced by female members of the Special Forces?

Yes, there are unique risks for women, including rape, pregnancy,
and torture. There is also the matter of separate housing and
dealing with menstrual cycles.

FIGHTING CHANCE

Risks associated with women in the Special Forces

If yes, and if a woman knowingly accepts these unique risks, should she be
allowed to subject herself to these risks?

Yes, if a woman is willing to work hard enough and take on these

risks, then she should absolutely be given the opportunity to do so.

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Discussion of precedent

How does the VMI case relate to the present case? Why does VMI
apply or not apply, depending on your position?

The VMI case is relevant because it restricted women

from attending a school that prepares individuals for the
military.

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Discussion of precedent

Is it important that VMI concerns education and not the Special

Forces? Why or why not?

Although the context of education is different than that

of our country's security, it is not important to this case
because both deal with equal rights for women.

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Discussion of precedent

Is it important that the Supreme Court in the VMI decision found there
was no equal program for women, despite the creation of the VWIL?
Why or why not?

It is important because it shows that providing "similar"

opportunities are not the same as equal opportunities.

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Discussion of precedent ( continued )

What did the Supreme Court say about archaic notions of women and
their role in current policies? Does this apply here? Why or why not?

As of 2013, the ban on female combat service is being lifted. However, the Case
due, pertaining to the idea of keeping certain positions closed to women is due in
January 2016. The intention of this idea is to give women more opportunities, if they
are deemed capable of serving in those ways. This information is critical, concerning
this case because this fact is the gateway to the future, regarding this topic.

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Discussion of precedent ( continued )

How does the Goldberg case relate to the present case? Why does
Goldberg apply or not apply, depending on your position?

The Goldberg Case is about women's rights, concerning drafting. This applies
because if women are allowed into the Special Forces, it would only be fair that
they would also be drafted, too.

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Discussion of precedent ( continued )

What does the Court suggest will happen to the male-only draft if women are
allowed to serve in combat? Should this be a concern in deciding the Connolly
case

There will be privacy and distraction issues, as well as relaxed

standards, concerning the male-only draft if women are allowed to
serve in combat. These facts should be taken under serious
consideration, when deciding the Connolly Case.

FIGHTING CHANCE