"3 justices suggest male-only draft is unconstitutional"

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Three members of the Supreme Court indicated Monday that the law requiring only men to register for the draft may be unconstitutional and outdated, but the high court balked at formally addressing the issue — for now.

The court denied review to a case brought by the National Coalition for Men, challenging the registration requirement reintroduced in 1980 by former President Jimmy Carter.

However, Justices Sonia Sotomayor, Stephen Breyer and Brett Kavanaugh issued an opinion saying the exclusion of women from the draft requirement made little sense in a military that has “changed dramatically” since the Supreme Court upheld the policy in 1981.

“Thousands of women have served with distinction in a wide range of combat roles, from operating military aircraft and naval vessels to participating in boots-on-the-ground infantry missions,” wrote Sotomayor, joined by Breyer and Kavanaugh. As of 2015, the military opened all roles to women, she noted.

In her brief, three-page opinion, Sotomayor noted that the high court has said the government needs “exceedingly persuasive justification” to discriminate on the basis of gender. She didn’t say outright that the male-only draft law cannot meet that standard, but the tone of the opinion suggested the three justices who signed onto it were highly dubious.

Still, Sotomayor’s opinion was deferential to Congress on the issue, noting that lawmakers created a commission to study the question in 2016 and received a report last year recommending the elimination of male-only registration.

“It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act. 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,” Sotomayor wrote.

She also noted that Sen. Jack Reed (D-R.I.), chair of the Senate Armed Services Committee, said in March that he hopes Congress will implement a gender-neutral policy in the next major defense bill.

The other six justices did not issue any statement about their views on the issue. The votes of four justices would have been required for the court to grant review.

Lawyers pressing the legal challenge said Monday that they regret the high court’s decision to sidestep the issue.

“Requiring only men to register for the draft reflects the outdated and sexist notion that women are less fit to serve in the military and that men are less able to stay home as caregivers in the event of an armed conflict. Such stereotypes demean both men and women,” said Ria Tabacco Mar, director of the American Civil Liberties Union’s Women’s Rights Project.

“We’re disappointed the Supreme Court allowed one of the last examples of overt sex discrimination in federal law to stand. We urge Congress to update the law either by requiring everyone to register for the draft, regardless of their gender, or by not requiring anyone to register,” Mar said in a statement.

Under federal law, men who fail to register for the draft can be denied student financial aid and federal jobs. Many states also refuse drivers licenses to men between 18 and 26 who are not registered.
https://www.politico.com/news/2021/06/0 ... nal-492033


Added pressure for Congress to revise the Selective Service Act.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: "3 justices suggest male-only draft is unconstitutional"

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I’m against the draft in any form - male/female, no exceptions.

If a war is so unpopular that we cannot rely on voluntary service we should not rely on conscription. We have fought numerous unnecessary conflicts since the draft ended, and somehow the US was still able to do it. When I was in during the height of the Iraq war, I begged relatives to not to join the military and they didn’t listen to me. My BIL ended up cleaning bloody vehicles that had had been hit by IEDs and had such crippling PTSD that he abandoned my niece.

The state should not have the ability to end your life based on an archaic, age based lottery. I guess I am an idealist about the state using forced violence against its own citizens. I believe the death penalty should be abolished and replaced with life sentences w/ no parole. I think policing needs vast reform, retraining & a change in culture to stop police from murdering citizens.


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Re: "3 justices suggest male-only draft is unconstitutional"

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"Suggests"

Ya think? It's not like it applies to only one gender who then gets depersonalized to the extent he can kill anyone without thinking. It's not like that once drafted, his ass isn't totally owned by Uncle Sam who can put him up against a wall if he fucks up.

Oh, say, isn't that just the grandest thing? Let's not take the case because girls look pretty in pink. Then we must protec from the abort and the job and the vote, and the only thing left is the big strong conservative hunk of a man who will lay down his life for the Company.

Of suck. This Court is not going to be my favorite.

CDFingers
Crazy cat peekin' through a lace bandana
like a one-eyed Cheshire, like a diamond-eyed Jack

Re: "3 justices suggest male-only draft is unconstitutional"

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CDFingers wrote: Mon Jun 07, 2021 10:33 pm Of suck. This Court is not going to be my favorite.

CDFingers
Easy, friend. Sometimes, not even the liberal justices think the time is right. I think it would have gone differently if not currently under review by congress.. From Sotomayor's opinion:
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 agree with the Court’s
decision to deny the petition for a writ of certiorari.

Re: "3 justices suggest male-only draft is unconstitutional"

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OK, I'm not a fan of the draft. But if you're going to have one, it needs to be representative of the population. Men, women, all races, rich and poor, and all ages in the range that people can join the military. All in proportion to the population. And no deferments for heal spurs.

.
All religions united with government are more or less inimical to liberty. All, separated from government, are compatible with liberty.-Henry Clay
Both oligarch and tyrant mistrust the people, and therefore deprive them of their arms.—Aristotle

Re:

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INVICTVS138 wrote: Mon Jun 07, 2021 6:05 pm I’m against the draft in any form - male/female, no exceptions.

If a war is so unpopular that we cannot rely on voluntary service we should not rely on conscription. We have fought numerous unnecessary conflicts since the draft ended, and somehow the US was still able to do it. When I was in during the height of the Iraq war, I begged relatives to not to join the military and they didn’t listen to me. My BIL ended up cleaning bloody vehicles that had had been hit by IEDs and had such crippling PTSD that he abandoned my niece.

The state should not have the ability to end your life based on an archaic, age based lottery. I guess I am an idealist about the state using forced violence against its own citizens. I believe the death penalty should be abolished and replaced with life sentences w/ no parole. I think policing needs vast reform, retraining & a change in culture to stop police from murdering citizens.


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The reason it was so easy to get people to join the service and go to war is because there were no jobs! They picked a good time to start a war. Twas the perfect STORM to enlist the poor white trash from southern states.
“The only thing necessary for the triumph of evil is for good men to do nothing,”

Re: "3 justices suggest male-only draft is unconstitutional"

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I've never been a fan of the draft during peacetime, glad it was abolished. After 9/11 the US armed forces got a lot of new recruits, we had been attacked and the patriotism factor kicked in. The Selective Service System is preparation for a major conflict, but with nuclear weapons will we ever experience wars like WWI and WWII.
The 2022 National Defense Authorization Act comes up for votes in Congress in August, we'll see if that is included in the bill.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: "3 justices suggest male-only draft is unconstitutional"

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I'm more for compulsory service for both male and female in either a military service or a civilian service with the civil service requiring a slightly longer service period. This concept is already done in some countries. It's not a theoretical suggestion, it functionally works, just apply it to both males and females.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: "3 justices suggest male-only draft is unconstitutional"

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I think national service is a good idea and yes many European countries already have it. And military service could be one option along with social, educational, environmental...opportunities. I'd like to see everyone get some basic firearms training, that could give us the first new generation not afraid of firearms but Democrats would kill that part of the bill.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: "3 justices suggest male-only draft is unconstitutional"

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Hiker wrote: Tue Jun 08, 2021 9:13 am OK, I'm not a fan of the draft. But if you're going to have one, it needs to be representative of the population. Men, women, all races, rich and poor, and all ages in the range that people can join the military. All in proportion to the population. And no deferments for heal spurs.
THIS.
sikacz wrote: I'm more for compulsory service for both male and female in either a military service or a civilian service with the civil service requiring a slightly longer service period. This concept is already done in some countries. It's not a theoretical suggestion, it functionally works, just apply it to both males and females.
THIS.
tonguengroover wrote: Compulsory enlistment of people in a military service should begin. Make everyone thats able learn how to fight for our country. Twenty eight other countries do it at some level.
Self defense is a human right. It is fundamentally dangerous to democracy that military service has developed a partisan tilt. In order for equal rights to flourish, there must be an equal commitment to uphold them. The right has turned towards fascism in no small part because they believe that they can achieve their goals through force of arms if they can't prevail in the battle for public opinion.

Regardless of the mode of service - and I completely support the notion of alternate modes, like Peace Corps, firefighting, etc., - there's another angle here. If there is mandatory universal training in self defense and safe handling of arms, then there's no need for registration, licensing or training requirements. Many of the ideals of a liberal gun club would be well served.

Spent my life with strong women rising up against outdated and sexist norms of conduct. Damn well want to smash that patriarchy straight to hell.

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