Men's group and ACLU urge Supreme Court to hear challenge to male-only military draft

Il Corte Suprema will decide as early as this week whether to hear a constitutional challenge to the male-only registration requirement for the draft filed by a group called the National Coalition for Men.

The group is asking the justices to reconsider a 1981 decision that upheld the Military Selective Service Act under which menbut not womenare required to register for the draft. Key to the court’s ruling, which was decided by a court made up of all men, was its observation thatwomen as a groupunlike men as a group, are not eligible for combat.
That has changed in the decades since. David Cole of the American Civil Liberties Union, which is representing the National Coalition for Men, has asked the Supreme Court to take up the caseeven highlighting what it might have meant to the justiceslate colleague Ruth Bader Ginsburg.
    Cole tweeted that “#RBG would be proud of an effort to challenge one of the last formal sex distinctions under federal law,” referencing the fact that Ginsburg spent her years as a young lawyer blazing trails in the fight against gender discrimination.
      In court papers, the ACLU argues that themale-only military draft is unlawful sex discriminationand that the registration requirementhas no legitimate purpose and cannot withstand the exacting scrutiny sex-based laws require.
        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 infantryThe 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 individualsof the applicable age.
            Acting Solicitor General Elizabeth Prelogar told the justices that because the recommendation isunder active considerationin the current Congress, any reconsideration of the constitutionality of the male-only registrations requirement would bepremature 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.

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