Biden Administration Asks Supreme Court To Drop Challenge to Men-Only Draft
Added 04-16-21 05:20:04pm EST - “The Biden administration is urging the Supreme Court not to hear a constitutional challenge to the men-only draft registration system, but female Selective Service registration is still a possibility.” - Freebeacon.com
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The Biden administration is urging the Supreme Court not to hear a constitutional challenge to the men-only draft registration system, but female Selective Service registration is still a possibility.
The Justice Department told the High Court on Thursday that judicial action is unnecessary because Congress is actively considering whether to change draft registration rules. The National Coalition for Men and the ACLU say the Military Selective Service Act is unconstitutional because it discriminates against women, and they asked the justices to say as much in January.
"Although this Court might someday wish to reconsider the constitutionality of the MSSA’s registration requirement if that statutory provision remains unchanged, Congress’s attention to the question may soon eliminate any need for the Court to grapple with that constitutional question," DOJ lawyers wrote in legal papers.
The government’s brief is a sign that female draft registration could soon become a reality. Though the administration asked the justices not to get involved, its brief makes no attempt to defend the constitutionality of the sex-selective draft.
Indeed, the brief acknowledged that the main legal rationale for the men-only registration system is no longer in force. The Pentagon endorsed a draft registration requirement for women in 2017, and a blue ribbon commission that included director of national intelligence Avril Haines recommended that Congress amend the MSSA in March 2020.
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