Supreme Court Won’t Hear Case About Male-Only Military Draft

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Brianna Lyman News and Commentary Writer
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The Supreme Court declined Monday to hear a case challenging the male-only military draft.

The National Coalition For Men, a men’s right group, wanted the Supreme Court to reconsider a 1981 decision that held only men were required to register for the draft. One of the key components of the earlier ruling was that women were not eligible for combat roles.

The Department of Defense lifted the ban on women in combat roles in 2013. (RELATED: ‘Where Does This End?’: Tucker Carlson Says US Military Focused On ‘White Fragility’ And Racism, Not Security)

While the draft is not currently in effect, the Supreme Court’s decision means only men will still have to register for the draft. Justices Brett Kavanaugh, Sonia Sotomayor and Stephen Breyer explained Congress could take up the issue.

“It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act,” Sotomayor wrote. “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 Department of Justice under President Joe Biden urged the court not to intervene in the case just yet, noting the National Commission on Military National and Public Service released a report in 2020 recommending Congress ditch the male-only draft.

“Congress’s attention to the question may soon eliminate any need for the Court to grapple with that constitutional question,” Acting Solicitor General Elizabeth Prelogar wrote. “As a matter of constitutional authority and institutional competence, Congress is primarily entrusted with the responsibility to determine whether and how to alter the existing registration requirement.”

The American Civil Liberties Union, which joined the suit in favor of dropping the ban, called the male-only draft an example of “overt sexual discrimination” in January.

“Like many laws that appear to benefit women, men-only registration actually impedes a women’s full participation in civic life. Limiting registration to men sends a message that women are unqualified to serve in the military, regardless of individual capabilities and preferences.”

The National Coalition for Men lost a similar suit in August when a Louisiana federal appeals court ruled the all-male military draft is constitutional. The group said they would file a Petition for Writ of Certiorari after the court’s decision.