Challenge to MSSA called 'premature'

Friday, April 23, 2021
 | 
Chad Groening (OneNewsNow.com)

Female MarinesA military watchdog finds it telling that the Biden Justice Department is against the Supreme Court hearing a case that could open the draft to women.

The Biden administration is asking the Supreme Court not to hear the National Coalition of Men's case challenging the constitutionality of the Military Selective Service Act (MSSA), the men-only draft registration system. In an amicus brief filed with the court, the DOJ argued that judicial action is not necessary because Congress is actively considering changing the draft registration guidelines.

Elaine Donnelly, president of the Center for Military Readiness (CMR), says her organization had already filed an amicus brief asking the high court to not take up the case.

"Our amicus brief and now the Department of Justice are saying essentially the same thing, that the Supreme Court should not grant the petition taking up the case for the men's rights group, which is being represented by the ACLU, because the courts don't get to decide," says Donnelly. "They don't have the constitutional authority. Congress does have that responsibility and authority, and they are in the process of looking at the issue right now."

Donnelly

But the Department of Justice's brief does not address what Donnelly calls the elephant in the room, "the question of whether young men and women are, as the court said, similarly situated, the same when it comes to registration or being sent off for combat duty in a national emergency. They kind of, sort of imply they have no problem with women being involved in conscription."

She believes the DOJ is compelled to argue against court intervention for political reasons, and she would be "very surprised" if they take this case. "It's premature," the CMR president concludes. "There will be another time perhaps when they will, but not now."

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