Ten retired military officers joined forces to obtain a declaration from the United States Supreme Court that conscription for men was unconstitutional.
Former National Security Agency Director Michael Hayden and retired Army General Stanley McChrystal are among those supporting the National Men’s Coalition (NCM) petition, reports Newsweek. The news paper reported that retired military officers on the 10th. February filed an amicus curiae brief.
The Military Times reported that the NCM represents the American Civil Liberties Union (ACLU). The news agency also pointed out that the NCM application was filed on January 8, and the selective service system was completed on January 15. March had time to submit his reply.
An amicus curiae letter was quoted by Newsweek as saying that the requirement for women and men to sign on to the project was long overdue. The briefing also said the men’s project is the last vestige of the U.S. military that no longer exists, Newsweek reported. The Military Times quoted a memo stating that in the event of a war where conscription would be imposed, women would be needed to meet the needs of the military.
Women in combat
The United States Supreme Court ruled on a similar case in 1981, as Newsweek and the Military Times reported. The court decided to allow only the project for men, news agencies reported.
They explained that women were not allowed to serve in combat at that time, and the court justified its position by saying that the purpose of the project was to ensure that the country had a sufficiently large fighting force in case of war. The U.S. military rescinded the ban on women in combat in 2013, and a new lawsuit was filed shortly thereafter, reports the Military Times.
The NCM asked the court to reconsider its 1981 decision, but did not ask that women be covered by the project, Newsweek reported.
Rita Tabacco Mar of the ACLU was quoted by Newsweek as arguing that the men-only bill is based on sexist and outdated ideas and that gender stereotypes have no place in American law.
She said she required men, but not women, to participate in the project and that she considered women unfit for this civic duty, Newsweek reported.
The Military Times recalled that last year the National Commission on Armed Forces, National Service and State recommended that women be subject to conscription. The documents of the defunct commission will be available online until the end of August 2021.
If a young person does not participate in the project, he or she may not be eligible for federal student, training and employment aid, Newsweek reported. According to the Military Times, conscription has not been used for over 45 years.
Not my daughter
Most U.S. military leaders did not want to return to conscription, but some wanted to reinstate it, reports the Military Times.
The news organization named retired Major General Dennis Laich as one of the proponents of a return to conscription. According to the Military Times, Mr. Laich expressed concern that if the Supreme Court were to overturn the men-only scheme, Congress would have to repeal the registration scheme in its entirety or require women to register. The defensive impulse – there’s no way you’re writing my daughter – could lead Congress to reject the bill outright, Laich told the Military Times.
The Military Times noted that Hayden, a former director of the CIA, and McChrystal were joined by the following retired military officials: Army Lieutenant General Claudia Kennedy, Major. Randy Manner, Army Commander, Gen. Gail Pollock and the Army brigade. General. Marianne Watson.
According to Military Times, Navy Vice Admiral John Hutson and Navy Vice Admiral Harold L. Robinson also signed the amicus curiae brief, as did Marine Corps Brigadier General Stephen Cheney and Air Force Brigadier General Carlos E. Martinez.
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frequently asked questions
Is only the men’s law unconstitutional?
Is conscription unconstitutional?
The Supreme Court said on the 7th. In January 1918, the constitutionality of the law was unanimously affirmed in select court cases. The ruling states that the Constitution gives Congress the power to declare war and to raise and maintain armies.
Can you reject the project?
All men living in the United States must register within one month of their 18th birthday. Sign up for the draft on your birthday. Those who refuse to register may be charged with a crime and may face fines, imprisonment or other penalties.
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