Supreme Court Rejected Challenge to the Male-Only Draft

On Monday, the Supreme Court rejected a challenge to the male-only draft. The draft hasn’t been utilized since 1973, but remains in Federal Law in case of National Emergency in war time. In recent times, it has been challenged as being discriminatory against men. The Selective Service law requires every male at the age of 18 to register for the draft.

supreme court rejected
U.S. Army Spc. Morgan Mayes, an armament specialist with the 1st Attack Reconnaissance Battalion, 82nd Combat Aviation Brigade, communicates with pilots as her team prepares to load ammunition onto AH-64 Apache Longbow helicopters, during an aerial gunnery range held at Fort Bragg, N.C., Feb. 18, 2013. Mayes is one of many females joining the ranks to fill roles in combat aviation. (U.S. Army photo by Sgt. April de Armas/Released)

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Combat jobs have been open to women since 2015. A men’s rights group suggested the law be changed because of the massive changes in the US military. But the court is hesitant to dabble in anything that has to do with National Security or the Military, so the Supreme Court rejected it.

Justice Sonia Sotomayor wrote, in explaining why the challenge won’t be heard: “It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act. But at least for now, the Court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue.” She was joined by Justices Stephen Breyer and Brett Kavanaugh.

Sotomayor noted that the Military Selective Service Act of 1948 “requires men, and only men … to register for the draft upon turning 18” and said the Supreme Court in 1981 “upheld the Act’s gender-based registration requirement against an equal protection challenge, citing the fact that women were ‘excluded from combat’ roles and hence ‘would not be needed in the event of a draft.’”…

After 1973, the United States switched to an all-volunteer military force. The draft, however, is still available for activation should the federal government require it. The Selective Service Agency requires that all men register for the draft within 30 days of their 18th birthday.

The Epoch Times

The idea of drafting women has been bandied about since the end of the Vietnam War and the rise of the feminist movement. The ACLU expressed disappointment when the Supreme Court rejected the challenge, saying that the law sent the message that women weren’t vital to the defense of the country. So for now, until Congress decides to change the 1948 law, men only will still have to register for the Draft. The Biden Administration had asked the court not to take up the case since Congress was actively looking at changing the law anyway.


Featured photo: Screenshot via Twitter

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