The ruling did not specify which actions the government needed to take to resolve the conflict with the constitution (e.g., whether to abolish the draft registration requirement or apply it in a gender-neutral manner).

In that 1981 case, the Supreme Court ruled that the practice of requiring only men to register for the draft was constitutional on the basis that women were restricted from serving in combat roles.

[1] Based on these changes, the National Coalition for Men, a non-profit men's rights organization, filed a lawsuit against the Selective Service System in the United States District Court for the Central District of California on April 4, 2013, arguing that with the Pentagon's change in female participation in combat roles, the rationale behind Rostker no longer applied, and the male-only requirement of the Selective Service System was gender-discriminatory.

[10] On March 25, 2020, after holding various public hearings, the Commission issued its final report, recommending that as long as the Selective Service System exists, both men and women should be subject to mandatory draft registration.

[8][9] The National Coalition for Men argued in part: "Forcing only males to register is an aspect of socially institutionalized male disposability and helps reinforce the stereotypes that support discrimination against men in other areas such as child custody, divorce, criminal sentencing, paternity fraud, education, public benefits, domestic violence services, due process rights, genital autonomy, and more.

On February 22, 2019, Judge Gray H. Miller issued a declaratory judgement that the male-only registration requirement of the MSSA violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution,[11] since the restrictions on women serving in combat roles in the military, which were present at the time of the decision in Rostker, no longer applied and men and women are, therefore, similarly situated for purposes of a draft or registration for a draft.

[17] Harry Crouch, President of the National Coalition for Men, announced that NCFM was "exploring its options, including filing a Petition for Writ of Certiorari with the United States Supreme Court".