Article

2021-02-14 Government

Former NSA director, retired top officers ask Supreme Court to declare military draft unconstitutional

[Military Times] The former National Security Agency director and nine prominent retired general and flag officers have signed on to legal brief asking that the U.S. Supreme Court rule that the military draft is unconstitutional.

Their filing is in support of a petition that argues the Selective Service System is unconstitutional because it applies only to men ages 18 to 26 and not women.

Former Director of the National Security Agency Michael Hayden, a retired Air Force four-star and retired Army Gen. Stanley McChrystal top the list of supporters on the legal brief.

The group’s attorneys filed their brief Wednesday to support the petition filed by the National Coalition for Men, represented by the American Civil Liberties Union against the Selective Service System on Jan. 8.

The original claim argues that the high court should overturn a ruling it made in 1981 when the same challenge was made. At the time the justices ruled that the draft was constitutional because its primary function was to ensure combat ready forces for defense of the nation. At the time, women were excluded from combat roles.

But that’s changed.

The Pentagon announced it would lift the ban on women in combat jobs in 2013. Over the following six years the services opened up all jobs previously closed to women.

Posted by Besoeker 2021-02-14 09:35|| || Front Page|| [11132 views ] Top

#1 Assuming the US had an active draft, how would the vetting for extremism and assurances of "protected ~~minority~~ victim group" quotas play out?

Posted by M. Murcek 2021-02-14 10:55|| 2021-02-14 10:55|| Front Page Top

#2 They can't read the basic document.

Section 8.

The Congress shall have power..

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

Per their power, in Title X USC

246. Militia: composition and classes

(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Selective service is the activation of class (2) of the militia.

Then again, people have a very hard time reading the basic document.

Posted by Procopius2k 2021-02-14 11:39|| 2021-02-14 11:39|| Front Page Top

#3 Clearly the Constitution is un-Constitutional.
Woke reasoning 101.

Posted by NoMoreBS 2021-02-14 12:28|| 2021-02-14 12:28|| Front Page Top

#4 "We want full equality! Wait... what...the Draft? Nuh Uh! No way"

Posted by Frank G 2021-02-14 13:31|| 2021-02-14 13:31|| Front Page Top

#5 Basic reading ability is racis and sexis.

Posted by Thineger Sproing6704 2021-02-14 16:02|| 2021-02-14 16:02|| Front Page Top

#6
#4 "We want full equality! Wait... what...the Draft? Nuh Uh! No way"
Posted by: Frank G 2021-02-14 13:31

Frank,

Prrrrrrrrrrretty much this - no matter what the Left Hand Side actually says, they would shut down Selective Service before the first woman could register.

Mike

Posted by Mike Kozlowski 2021-02-14 16:32|| 2021-02-14 16:32|| Front Page Top

#7 I remember looking at the big hoo-haw about the Equal Rights Amendment and wondering: "Did they understand that enacting it would cause most, if not all, of inheritance, divorce, child custody and such laws to suddenly become Unconstitutional?"

Posted by magpie 2021-02-14 19:51|| 2021-02-14 19:51|| Front Page Top

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