Supreme Court Won't Hear Case on Military Draft

[Yo_Mama_Been_Loggin]

Source: New York Times

WASHINGTON — The Supreme Court on Monday declined to hear a challenge to a federal law that requires only men to register for the military draft.

As is the court’s custom, it gave no reasons for turning down the case. But three justices issued a statement saying that Congress should be allowed more time to consider what they acknowledged was a significant legal issue.

“It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act,” Justice Sonia Sotomayor wrote in the statement, which was joined by Justices Stephen G. Breyer and Brett M. Kavanaugh. “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.”

The requirement is one of the last sex-based distinctions in federal law, one that challengers say cannot be justified now that women are allowed to serve in every role in the military, including ground combat. Unlike men, though, they are not required to register with the Selective Service System, the government agency that maintains a database of Americans who would be eligible for the draft were it reinstated.

Read more: https://www.msn.com/en-us/news/us/supreme-court-wont-hear-case-on-military-draft/ar-AAKNc4w?li=BBnb7Kz

[FBaggins]

1. Yet

They're (appropriately) letting Congress weigh in first.

[former9thward]

11. They have had decades to weigh in.

Its controversial so silence.

[LanternWaste]

16. Your contention is that it has not been discussed by congress in decades?

Odd duck.

[James48]

2. Why?

Congress has had since 1981 to fix this- and it’s still broken. If I am a make, and don’t register, I cannot get federal aid, or a federal job. But if I am female, I cannot register, and can get those opportunities. That violates the equal protection clause.

It’s time for the Court to rule.

[rpannier]

3. The reasoning appears to be the same reasoning as they used in McGirt v Oklahoma

The Court wants Congress to fix it

per msn.com
“It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act,” Justice Sonia Sotomayor wrote in the statement, which was joined by Justices Stephen G. Breyer and Brett M. Kavanaugh. “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.”

I'm good with this. Sometimes it's better to push it back on Congress before the Court makes a final ruling

[James48]

4. How long is "long enough?"

Again, this has been festering since 1981, and became an issue again when Congress moved to let women have any military job. Now the legal reasoning they used in 1981, (that women were not allowed in combat roles) no longer applies.

Come on Congress- make new law. Either bring women into compliance, or else end draft registration.

[pnwmom]

5. We should pass the Equal Rights Amendment first.

That would provide a strong, logical basis for a reversal of this decision.

Why should women be subject to the obligation of the draft when they're STILL not guaranteed equality under the Constitution?

[Yo_Mama_Been_Loggin]

8. Or you could argue what better way to get the ERA passed than to show women support conscription.

[pnwmom]

9. I do not trust the Red states to support women no matter what women did. nt

[ancianita]

12. Agree. 38 states that are needed to ratify it have. What is Congress waiting for.

https://www.equalrightsamendment.org/era-ratification-map

[Polybius]

17. It had an original date, and it expired

Originally, the date was March 22, 1979, but before it expired, it was extended to June 30, 1982. Then, after the expiration, it was the deadline was removed. How can you extend something after it's expired? While many here say you can, RGB herself said that we have to start all over from scratch.

https://www.theatlantic.com/politics/archive/2020/02/ruth-bader-ginsburg-equal-rights-amendment/606556/

If the Court's most liberal Justice said that, imagine how the others on the Court would rule.

[COL Mustard]

7. No Argument From Me....

It's discriminatory on its face. If dudes gotta register, so should chicks. I'd prefer that no one had to register.

Draft Beer, Not Students

[COL Mustard]

6. Interesting That Kavanaugh Wants To Be With The Cool Kids Now

I served, and I have two draft-age sons. I really really really hope we don't ever reinstate the draft. If a war starts and it's bad enough for the draft, even old farts like me will be back in uniform, or trying to be, and I'd rather that than my kids (or anyone else's kids, for that matter) be conscripted.

[twodogsbarking]

10. Project 100,000

Google it if you must.

[modrepub]

13. OK So Draft Registration (for Men)

is federally required (with an automatic notification to the draft board), but you're not automatically registered to vote upon your 18th birthday.

[twodogsbarking]

14. Very good observation,

and correct.

[OneCrazyDiamond]

15. Could congress pass a law saying men only today?

I mean would it be challenged, and upheld by the current court?