Ex-NSA Director Michael Hayden Wants Supreme Court To Declare Military Draft Unconstitutional
On 2/12/21 at 8:21 PM EST
Former National Security Agency Director Michael Hayden was one of 10 retired military leaders that filed an amicus brief on Wednesday in support of declaring a U.S. military draft unconstitutional.
The document was submitted in support of a petition filed by the National Coalition for Men (NCM) which is represented by the American Civil Liberties Union (ACLU) in January. The petition alleges that the U.S. Selective Service violates the constitution because only men are required to register for a possible draft. Men who do not register with the Selective Service are subject to penalties which may include prosecution. The brief co-submitted by Hayden implies that the Selective Service registration process is outdated.
The men are only drafted and forced iPhone access codes
News Highlights: The men are only drafted and forced iPhone access codes REQUESTS OF THE WEEK
Recommended
This week, we highlight certain petitions asking the Supreme Court to consider, among other things, whether the male-only concept is unlawful gender discrimination and whether law enforcement can enforce a testimony in the form of a phone password.
The Military Selective Service Act requires men but not women to register for the design. In the years 1981 Rostker v Goldberg, the Supreme Court upheld the law against gender discrimination, as women were categorically prohibited from serving in combat roles at the time. The Department of Defense lifted the ban on women in combat in 2013. National Coalition For Men vs. Selective Service System is a male-only design challenge because Rostker’s reasoning no longer applies to the modern military. The petition further states that Rostker himself was wrongly ruled because
Will Women Have to Register for the Draft in 2021?
In January 2013, Secretary of Defense Leon Panetta ordered the armed services to lift the ban on women serving in combat roles in the military. The services were ordered to study the issue and develop an implementation plan by January 2016. In December 2015, Secretary of Defense Ashton Carter announced that the military would be opening all “remaining occupations and positions to women,” with “no exceptions,” effective January 2016.
Yet, to this day, women are still not required to register for the draft. Could this change in 2021?
The draft ended in 1973, but in 1980, President Jimmy Carter reinstated the requirement that men must register with the Selective Service System.