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The brief does not state whether President Biden believes women should be included, nor does it defend the current system that requires only men 18 to 26 to submit their information should a military draft be needed again. Military leaders have said the same. But Congress has been reluctant. And the last time the Supreme Court considered the issue, it was constitutional to require only men to register. In , the court ruled, , in Rostker v. Goldberg that because the primary function of the draft was to form combat-ready forces, Congress was justified in treating men and women differently. draft unconstitutional

The Biden administration has asked the Supreme Court to let Congress resolve the potential constitutional problem of a male-only draft.

In the brief, Prelogar said that since Congress is considering requiring women to sign up as well, the high court should let the legislative branch resolve the question. The case could upend the Selective Service System. For more newsletters click here. Sign up for the Early Bird Brief - unconstktutional daily roundup of military and defense news stories from around the globe.

By giving us your email, you are opting in to the Early Bird Brief. The ACLU argues that the high court should overturn a ruling when the same challenge was made.

draft unconstitutional

In that case, Rostker v Goldberg, the justices ruled that the draft was constitutional because its main function was to ensure combat-ready forces for the defense of the nation. Women were excluded from combat roles at that time.

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draft unconstitutional The combat ban was officially lifted in Congress would still likely have the final say in how to change the Selective Service System. Legislative proposals on the issue in recent years, including part of the defense spending bill, have stalled out in Congress over worries over traditional family roles for women and the viability of the Selective Service System itself.

Ron Wyden, D-Oregon. In earlya report by the National Draft unconstitutional on Military, National and Public Service recommended that women register for future military drafts.

The report pointed to a Pentagon assessment, which showed only about a third of those aged 17 to 24 would be eligible to serve, roughly half of them women. Todd South has written about crime, courts, government and the military for see more publications since and was named draft unconstitutional Pulitzer finalist unconstitutinoal a co-written project on witness intimidation.

Todd is a Marine veteran of the Iraq War. Todd South. Sign up for the Early Bird Brief Get the military's most comprehensive news and information every morning. Thanks for signing up! Fear of missing out? Thanks for signing up. About Todd South Todd South has written about crime, courts, government and the military for multiple publications since and was named a Pulitzer finalist draft unconstitutional a co-written project on witness intimidation.]

draft unconstitutional

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