Supreme Court Gets Women Draft Case

BE THE MAN, says an Advertisment for the Selective Service System. The Request is Not merely a Suggestion.

For Decades, Registering for the Selective Service, the Federal Agency that keeps a Roster of American 18-to-25 year-old Men, in case a Military Draft returns, has been a Legal duty Males must Do within 30 Days of their 18th Birthday.

Whether Citizen or Immigrant, Dual National or National Guardsmen, All Men must comply or Face Investigation, by the Department of Justice (DOJ). Potential Consequences are Not Light:

- Denial of Student Loans

- Disqualification from Citizenship

- Fines reching $250,000

- Up to Five years in Prison

A new Petition to the Supreme Court Challenges a Broad Carve-Out to this Rule. By requiring Men and Transgender Woman to Register for the Selective Service, but Exempting Woman and Transgender Men, the Plantiffs say, the Federal Government is Involved in invidous Gender Discrimination barred by the Constitution. National Coalition For Men v Selective Sevice System revisits a 1981 Ruling that Upheld the Selective Service's sorting by Sex. That Judgement, Rotke v Goldberg, came when Women could Not Serve in Combat Roles. Rostker's fundamental premise is no longer true the Plaintiffs say. In 2013, the Department of Defence (DOD), Lifted the Ban on Women, in Combat, and Two years later, announced that All Militrary Roles, Units, and Schools, would Officially be Open to Woman with No Exceptions.

Now that Women fly Fighter Jets and serve as Army Rangers, the reasoning goes, there is No justification for giving them a Pass on Registering for the Selective Service. So held, Gray Miller, a District Court Judge in Texas, in 2019. The Fifth Circuit Court of Appeals, shared that sentiment but Reversed Judge Miller's Ruling. Rostker's is still Binding Law, the Court noted, and New circumstances do Not give a Lower Court licence to disregard or overrule a Supreme Court Precedent.

Will the Justices Agree to Reconsider their 40-year-old Ruling, released days before Sandra Day O'Connor would be Nominated as the First Woman to join their Ranks, that Men and Woman are simply not similary situated in the Miliatary context? The Plaintiffs cite a 1973 Case argued by a young Ruth Bader Ginsburg, Two Decades before She became a Supreme Court Justice, as encouragement: Although purportedly protective of Woman, Stereotypes of Woman as belonging at Home put them not on a pedestal, but in a cage.

The American Civil Liberties Union (ACLU) is bring the Case on behalf of a Men's Rights Group and Two Male Plaintiffs. They enjoy Support from the National Organisation for Woman (NOW) and a Group of former Generals. however, an Amicus Brief from a Colition including the Eagle Forum, a Conservative Organisation founded by, Phyllis Schlafly, an Anti-Feminism Activist who died in 2016, Defends the Status Quo.

It is an unassailable biological fact, the Brief Argues, that Men are generaly Bigger, Stronger, and Faster than Women. And, the harsh realities of combat do Not ebb merely because some Lawyers and Judges ignore them, no matter how sincere and committed they are to the principles of equality










NYC Wins When Everyone Can Vote! Michael H. Drucker