Posted on 02/24/2019 8:39:04 AM PST by chuckee
Even though America hasn’t had a military draft since 1973, men — but not women — are required to register with the Selective Service. A federal judge Friday said that must change — calling U.S. District Judge Gray H. Miller in Houston agreed with the San Diego-based National Coalition for Men and granted its request for summary judgment in a class action suit.
“The male-only registration requirement of the Military Selective Service Act, 50 U.S.C. § 3802(a), violates the Due Process Clause of the Fifth Amendment to the United States Constitution,” says Miller’s “final judgment.” “Women are now allowed in combat, so this decision is long overdue,” said Marc Angelucci, attorney for NCFM. “After decades of sex discrimination against men in the Selective Service, the courts have finally found it unconstitutional to force only men to register.”
Indeed, Miller wrote: “While historical restrictions on women in the military may have justified past discrimination, men and women are now ‘similarly situated for purposes of a draft or registration for a draft.’ … If there ever was a time to discuss ‘the place of women in the Armed Services,’ that time has passed.”....
(Excerpt) Read more at timesofsandiego.com ...
13th Amendment;
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
The Woodrow Wilson administration proved in court that this doesn’t mean exactly what is says in 1918. It was during the all out progressive attack on the Constitution for WWI. They relied on Civil War cases that predated the Amendment, and by providing a list of other nations that conscript. So it was allowed here by a combination of law that should have been superseded by the 13th amendment and by a body of foreign law.
Wilson argued that draftees were actually volunteers because the whole nation had “volunteered” when the Congress declared war.
The same logic was the “Fire in a crowded theater” ruling. The case was someone handing out handbills against the draft. They claimed 1st amendment protection. The court ruled that speech opposing the draft was akin to yelling fire in a crowded theater.
The constitution is long dead. We are not even a nation of laws either because justice is wildly unequally applied.
We are now a nation of judicial whims.
The decision was based on the fact that women can now volunteer for a combat MOS and therefore they should also be eligible for the draft. The next logical conclusion using that logic is to require them once drafted to be assigned to a combat MOS along with men. Only a matter of time before a liberal judge legislates away the biological differences between men and women and sends women as fodder to the front
These cases come forward because the shyster lawyer found a way to get paid. His clients don’t pay for this. In civil rights litigation, upon winning the government pay all of their legal fees.
So we the taxpayer just bought a Malibu house for a lawyer who successfully argued that any normal little girl can be drafted.
They hate the military, so the next draft we see will be for “national service”. The little 18 year old girl you know from church who wants to go to college and have a family will be sent off to work at a hospital or day care center in Chicago or Baltimore or east St Louis.
And it will all be legal.
How is a male only draft not Constitutional? Would this include trannie, transgender, and all the other sickos? Of course, that would seriously affect the quality of our fighting force, which is the intention of the traitorous libtards.
I never agreed with the idea of women in combat arms.
As much as this ruling sickens me - there is a bit of shadenfrude in it for me to see the hand wringing now. It's only in passing as the long-term impact will be horrendous.
All the GI Jane lovers on here tried to tell me how wrong I was - how women can fight just like a man. If a woman wants to go combat arms, she should be allowed. Never mind the differences in physical capabilities, never mind the lowered standards (but affirmative action promotions).
Well - men and women can now be drafted equally. Enjoy.
If the draft is ever reinstated for an actual war against a determined enemy, some combination of these things will happen:
#1 The pregnancy rate will go through the roof as women try to avoid the draft (maybe we'll even break through the 2.1 children per couple).
#2 Americans won't be able to stomach a large number of GI Janes getting shot in the face and shipped home in a box, and women will be exempt from the draft, if not precluded from combat arms entirely.
#3 Americans won't be able to stomach a large number of GI Joes getting shot in the face due to comrades (read women) who couldn't physically hack combat and women will be exempt from the draft, if not precluded from combat arms entirely.
#4 Some hardier race will take over and breed us out.
But at any rate the feminists on FR and DU have received their equality and unless some semblance of sanity returns....when things get bad - they're going to go really bad.
If you’re going to demand a right to serve in combat, be ready to see combat.
HA!
Don't you know the guiding principle of the decrepit Women's Movement eloquently said simply by Melvin Udall ("As Good as It Gets")?
"[With women] I take a man and I take away reason and accountability."
Women's lib only goes as far as it works in women's favor. After that, all bets are off.
If the war is so unpopular that we can't muster a fighting force, maybe we need to reconsider if the war is something we should be fighting?
Didn't work for Klinger.
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