Which of the following cases affirmed a defendant's right to have a competency evaluation before trial: Aptheker v. Secretary of State or Dusky v. United States?
Aptheker v. Secretary of State Aptheker v. Secretary of State, 378 U.S. 500 (1964) , was a landmark United States Supreme Court case on the right to travel and passport restrictions as they relate to Fifth Amendment due process rights and First Amendment free speech, freedom of assembly and freedom of association rights. It is the first case in which the US Supreme Court considered the constitutionality of personal restrictions on the right to travel abroad.
Rostker v. Goldberg Rostker v. Goldberg, 453 U.S. 57 (1981) , was a decision of the United States Supreme Court 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 enacted the law, as it had previously been, to apply to men only. Several attorneys, including Robert L. Goldberg, subsequently challenged the gender distinction as unconstitutional. (The named defendant is Bernard D. Rostker, Director of the Selective Service System.) In a 6-3 decision, the Supreme Court held that this gender distinction was not a violation of the equal protection component of the due process clause, and that the Act would stand as passed.