Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

US Court Rules Male-Only Draft is Unconstitutional
Spectrum BayNews 9 ^ | Feb. 25, 2019 | Spectrum News Staff

Posted on 02/25/2019 1:52:12 PM PST by rarestia

If women can serve in combat in the military, they should be eligible for the draft.

That's the ruling from a U.S. District Court judge in Texas, who ruled late Friday that male-only registration for Selective Service was unconstitutional.

The decision overturns a 1981 Supreme Court ruling, Rostker v. Goldberg, which said women did not have to register for a military draft because they weren't "simularly situated" as men. At the time, women could not serve in combat.

In 2013, however, the Dept. of Defense lifted its ban on women in combat, and Judge Gray Miller said that meant men and women were now "simularly situated."

The lawsuit was brought on by a group called the National Coalition for Men, which sued the Selective Service System, an independent federal agency.

The Military Selective Service Act requires all men, ages 18-25, to provide basic personal information to the Selective Service System, so that if a draft is instituted they may be called up. They are supposed to register within 30 days of their 18th birthday.

The act includes male U.S. citizens and male immigrant non-citizens.

A Selective Service Act has been in existence in the United States since 1917, with various updates since then. The last time the draft was instituted was during the Vietnam War. President Gerald Ford eliminated the registration requirement in 1975, but President Jimmy Carter reinstituted the registration requirement in 1980 after the Soviet Union invaded Afghanistan in 1979.

Since then there have been efforts in Congress to abolish the Selective Service System, and also to expand it to women.

Congress commissioned the National Commission on Military, National, and Public Service to study the issue. An interim report showed many men may not even realize what they've registered for, because it's part of getting a driver's license or applying for financial aid. A final report will be issued next March.

The judge has not issued any injunction to stop the selective service.


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: 1moretime; draft
Navigation: use the links below to view more comments.
first 1-2021-37 next last
Didn't see this posted. Have at it.
1 posted on 02/25/2019 1:52:12 PM PST by rarestia
[ Post Reply | Private Reply | View Replies]

To: rarestia

I don’t think a District Judge can overturn a Supreme Court ruling.


2 posted on 02/25/2019 1:54:00 PM PST by Zathras
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia
Thread from yesterday. It's unsourced.

-PJ

3 posted on 02/25/2019 1:54:54 PM PST by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

A stupid ruling in a series of stupid rulings.


4 posted on 02/25/2019 1:58:38 PM PST by kosciusko51
[ Post Reply | Private Reply | To 1 | View Replies]

To: Zathras

I noticed that too.


5 posted on 02/25/2019 2:03:49 PM PST by jospehm20
[ Post Reply | Private Reply | To 2 | View Replies]

To: Zathras

>>I don’t think a District Judge can overturn a Supreme Court ruling.<<

I think you are right.


6 posted on 02/25/2019 2:04:13 PM PST by freedumb2003 (As always IMHO)
[ Post Reply | Private Reply | To 2 | View Replies]

To: rarestia

We are living in a world gone mad. That’s what happens when the populace turns away from God.


7 posted on 02/25/2019 2:04:28 PM PST by tuffydoodle (God's character and moral nature are absolute, eternal, and unchanging.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia
The act includes male U.S. citizens and male immigrant non-citizens.

Like that's gonna happen.

8 posted on 02/25/2019 2:04:45 PM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tuffydoodle
We are living in a world gone mad. That’s what happens when the populace turns away from God.

Amen!!

9 posted on 02/25/2019 2:06:09 PM PST by pollywog (" O thou who changest not....ABIDE with me")
[ Post Reply | Private Reply | To 7 | View Replies]

To: rarestia

The smarties laughed at opponents of the so-called “Equal Rights Amendment” in the 70’s and 80’s who said the amendment was for the purpose of putting women in foxholes, forcing perversion of marriage, and forcing unisex bathrooms.

With this ruling it can be stated with gas-tight certainty that opponents of the ERA were correct in every detail.

Fortunately the ERA was defeated. Unfortunately the smarties have done work-arounds to implement their perverted agendas.

Still, defeating the ERA did add at least 40 years to the life of our Republic - two generations.


10 posted on 02/25/2019 2:06:32 PM PST by jeffersondem
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

Stupid.


11 posted on 02/25/2019 2:08:38 PM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

Finally!

It’ll work its way up the chain.

No, I do not want to see women in Combat. Heck. I don’t like having our men get maimed in body and soul for other countries!

The Feminists/Liberals/Progressives and Ignorant Conservatives have made this bed and it’s about time someone had to sleep in it.

It will really get interesting, especially if the SCOTUS eventually rules that women are suitable for the Draft.

You’ll start seeing women trying to get pregnant to get out of Armed Service. It’s against the UCMJ (if I recall correctly) for *anyone* to damage/alter their body so as to avoid deployment. Yes, it will make for interesting times.


12 posted on 02/25/2019 2:09:39 PM PST by Notthereyet (NotThereYet)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

I agree that woman, to be equal under the law, should have to register for selective service now that women are ‘similarly situated’. However, I also find it to be an unfortunate end state for our society to reach.

JoMa


13 posted on 02/25/2019 2:11:38 PM PST by joma89
[ Post Reply | Private Reply | To 1 | View Replies]

To: Zathras

He did not overturn the SC. He simply made a ruling on a new argument. It is up to the SC to determine if the Judge is in error. Which could take years. And is another fine example of why being “ruled” by disassociated judges is a constitutional crisis itself.


14 posted on 02/25/2019 2:12:47 PM PST by Noamie
[ Post Reply | Private Reply | To 2 | View Replies]

Comment #15 Removed by Moderator

To: rarestia

See, fight that big, long battle to stop the ERA, and THIS happens.


16 posted on 02/25/2019 2:15:17 PM PST by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: greymattr

IMO the draft was already dead anyway.

Congress is NEVER going to have the stones to actually start pulling numbers again. This current Selective Service sham is just a huge waste of time and money. Just paying bureaucrats to manage a giant mailing list.

Reagan had run on a promise to abolish it and I wish he would have kept that promise. Since it’s a sham it really doesn’t matter to me if they make women go down to the post office and fill out cards.


17 posted on 02/25/2019 2:17:38 PM PST by Buckeye McFrog
[ Post Reply | Private Reply | To 15 | View Replies]

To: rarestia

I saw this. This is so funny. Women must now register and be drafted. It is the law of the land.


18 posted on 02/25/2019 2:24:08 PM PST by guyman
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia

So is the draft.


19 posted on 02/25/2019 2:29:27 PM PST by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rarestia
When I served as election judge, I was told that on that day, during those hours of the election, that I had the power of a district judge.

Ya mean I coulda reversed some decision. DANG!!

20 posted on 02/25/2019 2:39:48 PM PST by Slyfox (Not my circus, not my monkeys)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-37 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson