ACLU Presses Supreme Court to End Men-Only Draft – By Kevin Daley (Free Beacon) / Mar 16 2021
Court ruling could require women to register for selective service
The American Civil Liberties Union is asking the Supreme Court to declare the Military Selective Service Act unconstitutional on the basis of sex, opening the door for Congress to include women in the draft or abolish selective service outright.
The ACLU claims that a men-only draft amounts to unlawful sex discrimination. The MSSA requires all men between the ages of 18 and 25 to register with the Selective Service System in case a national conscription is reinstated.
The Biden Justice Department will now decide whether to defend the sex-based draft before the High Court. The Justice Department almost always defends federal laws in court, unless no reasonable argument can be made in their favor.
The Trump administration defended the statute in lower courts. It’s unclear if the Biden administration will do so. President Joe Biden recently applauded the idea of a more gender-inclusive military, noting that the army now produces flight suits for pregnant women.
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