Supreme Court Will Not Hear Challenge to Male-Only Draft

Christiana Wayne
Monday, June 7, 2021, 1:39 PM

Justice Sotomayor cites Congress’s possible action on the policy as the reason for the court’s decision.

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The Supreme Court will not hear National Coalition for Men v. Selective Service System, a case involving a challenge to the military draft’s male-only registration. In a statement accompanying the denial of certiorari, Justice Sonia Sotomayor acknowledges that women’s eligibility for military service has changed dramatically since enactment of the draft. But she explains that Congress is currently considering changing draft requirements by legislation, and the court should defer to Congress on policy that lawmakers are actively considering.

She writes, “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.” Justices Stephen Breyer and Brett Kavanaugh joined the statement.

The full statement can be found here and below:

Christiana Wayne is a junior at the University of North Carolina-Chapel Hill studying history and English. She is an intern at Lawfare.

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