Early on in 2019, two plaintiffs representing the National Coalition for Men sued the U.S. Government in Texas on the grounds that registering only males for the draft was unconstitutional. U.S. District Judge Gray Miller ruled in their favor, saying the males-only Selective Service rules should now extend to American women within 30 days of their 18th birthday.
The Trump Administration just filed an appeal to defend the all-male draft rules.
Trump’s Justice Department called ordering women to register for Selective Service “particularly problematic,” saying it would force women to register for the draft through a judicial ruling before Congress could actually address the issue. The DoJ is essentially saying the court is legislating instead of the Congress.
The Justice Department said it’s not for a court to decide what change in policy should be adopted without any involvement by the political branches and the military.
“If the Court’s declaratory judgment is upheld, it should be left to Congress, in consultation with the Executive Branch and military officials, to determine how to revise the registration system in response,” writes Justice Department lawyer Michael Gerardi.
President Trump’s Selective Service Card.
The two men who filed the initial lawsuit argued that their chances of being sent to war were higher because women were exempt from the draft. The judge’s ruling means that women will either sign on for the draft or Congress may have to get rid of the draft altogether, something the Trump Administration says is not an option as it would compromise the country’s readiness and ability to respond to a military crisis.
When Selective Service was instituted in 1980, then-President Jimmy Carter wanted females to register, but Congress did not include mandatory registration for women. In the past, courts have upheld the all-male draft, arguing that since men were the only ones who were able to fill combat roles, then the draft was acceptably all-male. Since President Obama allowed women to serve in those roles, the door for changing Selective Service registration opened once more.