Dillard v. Brown

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to decide whether an action brought by a female enlistee who was discharged from the New Jersey National Guard pursuant to a regulation forbidding the enlistment of single parents with minor, dependent children, presents a justiciable claim. A secondary question is presented whether summary judgment could properly be granted if we were to hold Ms. Dillard’s claim to be justiciable. Contrary to the district court’s determination, we hold that Dillard’s constitutional challenge is justiciable. We also hold that summary judgment on…