Court declines suit alleging male-only military draft discriminatory

The Supreme Court on Monday turned down a lawsuit alleging that the United States’ all-male military draft amounts to unconstitutional discrimination on the basis of sex.

The challenge, brought by a men’s rights group, claimed that the male-only draft is unlawful in light of a 2013 policy shift by the Defense Department that opened up combat roles to women.

The Biden administration had asked justices to turn away the bid since lawmakers are actively considering the scope of the national registration requirement and noted that the court previously said the issue was better suited to Congress than judges.

Three justices wrote to express agreement with the court’s decision to decline the case. They cited the Biden administration’s rationale but seemed to indicate that they would be open to hearing the case if Congress fails to act.

“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,” wrote Justice Sonia Sotomayor, who was joined by Justices Stephen Breyer and Brett Kavanaugh.

Military conditions have changed dramatically since the court upheld the draft law in a 1981 decision in the case of Rostker v. Goldberg. The court at the time ruled 6-3 that the Military Selective Service Act’s male-only requirement was justified because of women’s exclusion from combat roles.