“By burdening only men while excluding women, the Military Service Act sends a message that women are not vital to the defense of the country,” the ACLU argued.
The Department of Defense lifted the ban on women in combat in 2013, and now a group of retired military officers are supporting the ACLU’s efforts. They include Gen. Michael Hayden, Gen. Stanley McChrystal, Lt. Gen. Claudia Kennedy and others.
Their lawyer, Lindsay Harrison, wrote in a friend-of-the-court brief, “Our armed forces draw from the strength of the entire nation, not only its men.”
Lei ha aggiunto: “Women graduate from the Nation’s top service academies, complete the most challenging combat training programs, deploy overseas, serve alongside men and integrate into basic combat teams, including infantry… The draft if ever again instated, ought to reflect that same judgment.”
But the Biden administration is urging the justices not to step in at this juncture, noting that in March of 2020 the National Commission on Military National and Public Service, created by Congress, released a report recommending that Congress eliminate male-only registration and expand draft eligibility to all individuals “of the applicable age.”
Acting Solicitor General Elizabeth Prelogar told the justices that because the recommendation is “under active consideration” in the current Congress, any reconsideration of the constitutionality of the male-only registrations requirement would be “premature at this time.”
“Congress’s attention to the question may soon eliminate any need for the Court to grapple with that constitutional question,” Prelogar said.