Both praise and criticism have followed the U.St Supreme Court’s landmark decision upholding maleonly draft registration. in addition to triggering sharp public reaction, the ruling has affirmed a major constitutional point W the extensive authority vested in Congress on matters of public policy. With three dissenting votes. the court concluded Congress may exclude women from registration because of its “broad and sweeping” constitutional power over national defense and military affairs. The high court’s opinion is based in a “xvelIfounded understanding of the intention of the Constitution’s framers in separating and defining the power of three co-equal branches of governmenl.” said Senator Strom Thurmond, R-SC., chairman of the Senate Judiciary Committee. in commenting on the ruling. Worthy of special note is the fact that the Supreme Court opinion4took the lower court to task for having attempted to substitute its own policy judgment for the Fudgment of Congress, The case had gone to the high court on appeal from a district court decision which held that male-only draft registration violated the due process clause of the Fifth Amendment. A sixamember majority on the Supreme Court found in concise terms that the lower court had exceeded its authority under the Constitution. in commenting on the text of the ruling, dissenting Justice Thurgood Marshall, joined by Justice William Brennan, charged the opinion “excludes women from a fundamental civic obligation.” in a separate dissent, Justice Byron White, joined by Brennan, doubted that “Congress itself concluded that every position in the military, no mate ter how far removed from combat. must be filled with combat-ready men. Common sense and experience in recent wars. where women volunteers were employed in substantial numbers. believe this view.” Rehniquist noted. however, that the armed forces have barred women from combat. and asserted: “The existence of combat restrictions clearly indicates the basis for Congress’ decision to exempt women from registration? With the emphasis given congressional powers to raise and regulate this nation’s military forces, we would assume the United States’ number one lawmaking body could revise its male-only draft registration stance in the event a national emergency would require it. Rehnquist summed up the position of the High Court when he wrote: “Gender has never been rejected as an impermissible classification in all instances,”