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Draft Registration for Women before 2024


The US Supreme Court in June declined to hear a legal case challenging the male-only draft on the grounds that it was unconstitutional sex discrimination. In the opinion denying certification (written by Justice Sotomayor and joined by Justices Breyer and Kavanaugh) the following is stated (edited for easier readability):

In 2016, Congress created the National Commission on Military, National, and Public Service (NCMNPS) and tasked it with studying whether Selective Service registration should be conducted “regardless of sex.”

. . .

On March 25, 2020, the Commission released its final report, in which it recommended “eliminat[ing] male-only registration.” Among other things, the Commission found that “[m]ale-only registration sends a message to women not only that they are not vital to the defense of the country but also that they are not expected to participate in defending it.” Just a few months ago, the Senate Armed Services Committee held a hearing on the report, where Chairman Jack Reed expressed his “hope” that a gender-neutral registration requirement will be “incorporated into the next national defense bill.”

. . .

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. I agree with the Court’s decision to deny the petition for a writ of certiorari.

Will women be required to register for US Selective Service before 2024?

The question resolves positively if women (assigned female at birth) are legally required to register for US Selective Service prior to January 6, 2024. Resolution will be determined by reference to official legal codes or text or by reporting from at least three credible media sources that women are required to register for the draft. To resolve positively, women must be required to register prior to January 6, 2024; the passage of a law that required women to register on or after January 6, 2024 would not count. Elimination of Selective Service registration in its entirety would result in the question resolving negatively.

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