The draft is unconstitutional because it exempts females, declares Texas Federal Court Judge!

[army judge]

Jurisdiction

US Federal Law

Uncle Sammy wants males and females. Ain't equal opportunity grand?
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AUSTIN, Texas (AP) A court ruling in Texas declaring the U.S. military draft system unconstitutional because it applies only to men has left observers waiting to see what the government does next.

Uncle Sammy must conscript males & females, said a Federal Judge today in Austin.

The Justice Department declined comment Monday on the decision that has renewed attention over whether American women should be eligible for a military draft.

U.S. District Judge Gray Miller didn't order any immediate action in his decision Friday. But he said the time to "discuss the place of women in the Armed Services" has passed.

Former Nevada Rep. Joe Heck is leading a commission looking into whether the draft is still needed.

He said Monday the court ruling won't influence their ultimate recommendations to Congress.

The lawsuit was brought by the The Justice Department declined comment Monday on the decision that has renewed attention over whether American women should be eligible for a military draft.

U.S. District Judge Gray Miller didn't order any immediate action in his decision Friday. But he said the time to "discuss the place of women in the Armed Services" has passed.

Former Nevada Rep. Joe Heck is leading a commission looking into whether the draft is still needed.

He said Monday the court ruling won't influence their ultimate recommendations to Congress.

The lawsuit was brought by the National Coalition for Men, a men's rights group.

(A big thank you to the National Coalition for Men and Judge Gray Miller.)

Texas judge rules US military draft only for men unconstitutional

 

[KatDini]

I was going to register when I was 18 because the boys I knew had to do so, and it was only fair that I register as well. My Mom threw one more conniption fit about her only daughter registering, so I didn't. I wish I had now, if for nothing else to make a statement that what's sauce for the goose is sauce for the gander.

 

[adjusterjack]

Uncle Sammy must conscript males & females, said a Federal Judge today in Austin.

No, that's not what the Federal Judge in Austin said. In fact, there is nothing in the decision that orders the Selective Service System or Congress for that matter to do anything.

The Plaintiffs sued for:

"1 - Injunctive relief ordering Defendants to end the sex-based discrimination in its military draft registration program and to treat men and women equally.

2 - Declaratory relief regarding the respective rights of Plaintiffs and all defendants as set forth in this complaint."

https://www.courtlistener.com/recap/gov.uscourts.txsd.1396506.1.0.pdf

The declaratory relief sought was a ruling that the unequal treatment of men and women by the Selective Service System violated the Fifth and Fourteenth Amendments to the US Constitution and USC 28-1983.

After a lengthy analysis the judge's ruling is thus:



https://ncfm.org/wp-content/uploads/2019/02/190224-SELECTIVE-SERVICE-DECISION-full.pdf

So, you see, there was no order that Uncle Sammy must draft women. The Plaintiff's request for such an order was denied because the Plaintiff's did not "brief" the request for the injunction.

Despite the decision that the unequal treatment was unconstitutional it could be years, if ever, before Congress acts on the decision.

 

[army judge]

Despite the decision that the unequal treatment was unconstitutional it could be years, if ever, before Congress acts on the decision.

I never thought I'd see a person declare their gender, either, but I have seen that and more.

Beyond all of that, no one has been drafted (nor are there are plans to draft anyone) since before Jan. 27, 1973.

That was the day in 1973, as the Vietnam War was drawing to an end, the Selective Service announced that there would be no further draft calls.

Most people know what today's ruling meant, as Billy Preston sang:
Nothin' from nothin' leaves nothin'
You gotta have somethin' if you wanna be with me
Nothin' from nothin' leaves nothin'
You gotta have somethin' if you wanna be with me

I'm not tryna be your hero
'Cause that zero is too cold for me, brrr
I'm not tryin' to be your highness
'Cause that minus is too low to see, yeah

 

[Tax Counsel]

No, that's not what the Federal Judge in Austin said. In fact, there is nothing in the decision that orders the Selective Service System or Congress for that matter to do anything.

But the court's declaratory relief is significant because it puts the SSS on notice that the current set up violates the law. That will no doubt affect both the commission now working on recommendations for changes to the system and the Congress when it considers those recommendations. Those recommendations are expected next year. The court got the law right in its decision, and the status quo is no longer tenable. The head of the commission acknowledged that the commission is not likely to recommend keeping things as they are. The main choices are to include women in mandatory selective service registration with the same rules that apply to men, make registration voluntary for both sexes, or to end registration altogether. That last option may be the best one. We seem to be able to maintain a large military and fill the needs of the military for soldiers, sailors, airpersons, and marines with a volunteer force. In this internet age, the government could get people to register for an actual draft quickly using an online registration system. It simply needs to have the system ready to flip on when a draft is called for.

 

[leslie82]

I was going to register when I was 18 because the boys I knew had to do so, and it was only fair that I register as well. My Mom threw one more conniption fit about her only daughter registering, so I didn't. I wish I had now, if for nothing else to make a statement that what's sauce for the goose is sauce for the gander.

I don't even think they let females register at all.

 

[leslie82]

The only thing holding up a change in the law is Congress. The reason why they haven't made females register was due to the combat exclusion law. Once they got rid of that, they should have just changed the law on the selective service. But they honestly have far more important things that are going on to worry about with legislation. They did bring it up last year and it didn't go far.

Honestly they should just bring it up, vote to change the law, change it and move on. But if we get to the point that the volunteer military can't sustain and we need to depend on a draft - every able bodied man, woman and child is going to be picking up arms because shit just hit the fan.