Gray Hampton Miller | |
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Senior Judge of the United States District Court for the Southern District of Texas | |
Assumed office December 9, 2018 | |
Judge of the United States District Court for the Southern District of Texas | |
In office April 25,2006 –December 9,2018 | |
Appointed by | George W. Bush |
Preceded by | Ewing Werlein Jr. |
Succeeded by | Charles R. Eskridge III |
Personal details | |
Born | Gray Hampton Miller December 9,1948 Houston,Texas |
Education | United States Merchant Marine Academy University of Houston (BA) University of Houston Law Center (JD) |
Gray Hampton Miller (born December 9,1948,in Houston,Texas) [1] is a senior United States district judge of the United States District Court for the Southern District of Texas.
This section of a biography of a living person does not include any references or sources .(December 2023) |
Miller attended the United States Merchant Marine Academy from 1967 to 1969, but left without receiving a degree. He received a Bachelor of Arts degree in 1974 from the University of Houston and a Juris Doctor in 1978 from the University of Houston Law Center. He served as a police officer of the Houston Police Department from 1969 to 1978. Upon graduating from law school, he joined Houston's Fulbright & Jaworski law firm, where he later became partner in 1986. Miller remained at this law firm until his appointment to the district court.
On January 25, 2006, Miller was nominated by President George W. Bush to be a United States District Judge for the United States District Court for the Southern District of Texas, in place of Judge Ewing Werlein, Jr., who had taken senior status in 2006. He was confirmed unanimously by the Senate on April 25, 2006, and received his commission the same day. He assumed senior status on December 9, 2018.
In February 2019, Gray Miller ruled in National Coalition for Men v. Selective Service System that the male-only military draft in the United States is unconstitutional because it violates the equal protection clause of the Fourteenth Amendment to the US Constitution. [2] [3] That decision was reversed by the 5th Circuit Court of Appeals. [4] A petition for review was then filed with the U.S. Supreme Court. [5] However, the Court declined to consider it on the basis that the situation was under active review by Congress. [6]
The Selective Service System (SSS) is an independent agency of the United States government that maintains information on U.S. citizens and other U.S. residents potentially subject to military conscription and carries out contingency planning and preparations for two types of draft: a general draft based on registration lists of men aged 18–25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All male U.S. citizens and immigrant non-citizens who are between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, and must notify the Selective Service within ten days of any changes to any of the information they provided on their registration cards, such as a change of address. The Selective Service System is a contingency mechanism for the possibility that conscription becomes necessary.
In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the U.S. Armed Forces that could not be filled through voluntary means. Active conscription in the United States ended in 1973, when the U.S. Armed Forces moved to an all-volunteer military. However, conscription remains in place on a contingency basis; all male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing within the United States, who are 18 through 25 are required to register with the Selective Service System. United States federal law also continues to provide for the compulsory conscription of men between the ages of 17 and 44 who are, or who have made a declaration of intention to become, U.S. citizens, and additionally certain women, for militia service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.
The term Solomon Amendment has been applied to several provisions of U.S. law originally sponsored by U.S. Representative Gerald B. H. Solomon (R-NY).
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The National Coalition for Men (NCFM), formerly the National Coalition of Free Men, is a non-profit educational and civil rights organization which aims to address the ways sex discrimination affects men and boys. The organization has sponsored conferences, adult education, demonstrations and lawsuits. NCFM is the United States' oldest generalist men's rights organization. It professes to being politically neutral, neither conservative nor liberal.
Rostker v. Goldberg, 453 U.S. 57 (1981), is a decision of the Supreme Court of the United States holding that the practice of requiring only men to register for the draft was constitutional. After extensive hearings, floor debate and committee sessions on the matter, the United States Congress reauthorized the law, as it had previously been, to apply to men only. Several attorneys, including Robert L. Goldberg, subsequently challenged the Act as gender distinction. In a 6–3 decision, the Supreme Court upheld the Act, holding that its gender distinction was not a violation of the equal protection component of the Due Process Clause of the Fifth Amendment.
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The Selective Service Act of 1948, also known as the Elston Act, was a United States federal law enacted June 24, 1948, that established the current implementation of the Selective Service System.
Conscription, sometimes called "the draft", is the compulsory enlistment of people in a national service, most often a military service. Men have been subjected to military drafts in most cases. Currently only two countries conscript women and men on the same formal conditions: Norway and Sweden.
National Coalition for Men v. Selective Service System was a court case that was first decided in the United States District Court for the Southern District of Texas on February 22, 2019, declaring that requiring men but disallowing women to register for the draft for military service in the United States was unconstitutional. The ruling did not specify which actions the government needed to take to resolve the conflict with the constitution. That ruling was reversed by the Fifth Circuit.
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