McSally was represented by the Rutherford Institute in "McSally v. Rumsfeld", a successful 2001 lawsuit against the Department of Defense, challenging the military policy that required U.S. and U.K. servicewomen stationed in Saudi Arabia to wear the body-covering abaya when traveling off base in the country. At the time of the lawsuit McSally, as a major (O-4), was the highest ranking female fighter pilot in the U.S. Air Force. Her suit alleged "the regulations required her to send the message that she believes women are subservient to men."