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Selective Service System: Difference between revisions
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The House-Senate conference committee for the National Defense Authorization Act for Fiscal Year 2017 removed the provision of the House version of the bill that would have authorized the president to order women as well as men to register with the Selective Service System, but added a new section to create a "[[National Commission on Military, National, and Public Service]]" (NCMNPS). This provision was enacted into law on December 23, 2016 as Subtitle F of Public Law 114–328.<ref>{{cite web |title = PL114-328, National Defense Authorization Act for Fiscal Year 2017 |url = https://www.gpo.gov/fdsys/pkg/PLAW-114publ328/pdf/PLAW-114publ328.pdf |publisher = Government Printing Office |access-date = 4 September 2018 }}</ref> The commission was to study and make recommendations by March 2020 on the draft, draft registration, registration of women, and "the feasibility and advisability of modifying the military selective service process in order to obtain for military, national, and public service individuals with skills (such as medical, dental, and nursing skills, language skills, cyber skills, and science, technology, engineering, and mathematics (STEM) skills) for which the Nation has a critical need, without regard to age or sex". During 2018 and 2019, the commission held both public and closed-door meetings with members of the public and invited experts and other witnesses.<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = National Commission on Military, National, and Public Service (NCMNPS) records released in response to FOIA request |url = https://resisters.info/commission.html |website = Resisters.info |access-date = 4 September 2018 }}</ref> | The House-Senate conference committee for the National Defense Authorization Act for Fiscal Year 2017 removed the provision of the House version of the bill that would have authorized the president to order women as well as men to register with the Selective Service System, but added a new section to create a "[[National Commission on Military, National, and Public Service]]" (NCMNPS). This provision was enacted into law on December 23, 2016 as Subtitle F of Public Law 114–328.<ref>{{cite web |title = PL114-328, National Defense Authorization Act for Fiscal Year 2017 |url = https://www.gpo.gov/fdsys/pkg/PLAW-114publ328/pdf/PLAW-114publ328.pdf |publisher = Government Printing Office |access-date = 4 September 2018 }}</ref> The commission was to study and make recommendations by March 2020 on the draft, draft registration, registration of women, and "the feasibility and advisability of modifying the military selective service process in order to obtain for military, national, and public service individuals with skills (such as medical, dental, and nursing skills, language skills, cyber skills, and science, technology, engineering, and mathematics (STEM) skills) for which the Nation has a critical need, without regard to age or sex". During 2018 and 2019, the commission held both public and closed-door meetings with members of the public and invited experts and other witnesses.<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = National Commission on Military, National, and Public Service (NCMNPS) records released in response to FOIA request |url = https://resisters.info/commission.html |website = Resisters.info |access-date = 4 September 2018 }}</ref> | ||
In February 2019, a challenge to the Military Selective Service Act, which provides for the male-only draft, by the [[National Coalition for Men]], was deemed unconstitutional by Judge [[Gray H. Miller]] in the [[United States District Court for the Southern District of Texas]]. [[National Coalition for Men v. Selective Service System|Miller's opinion]] was based on the [[Supreme Court of the United States|Supreme Court]]'s past argument in ''[[Rostker v. Goldberg]]'' (1981) which had found the male-only draft constitutional because the military then did not allow women to serve. As the Department of Defense has since lifted most restrictions on women in the military, Miller ruled that the justifications no longer apply, and thus the act requiring only men to register would now be considered unconstitutional under the [[Equal Protection Clause]].<ref>{{cite web |url = https://www.nytimes.com/2019/02/24/us/military-draft-men-unconstitutional.html |title = Drafting Only Men for the Military Is Unconstitutional, Judge Rules |first = Tyler |last = Pager |date = 24 February 2019 |access-date = 25 February 2019 |work = | In February 2019, a challenge to the Military Selective Service Act, which provides for the male-only draft, by the [[National Coalition for Men]], was deemed unconstitutional by Judge [[Gray H. Miller]] in the [[United States District Court for the Southern District of Texas]]. [[National Coalition for Men v. Selective Service System|Miller's opinion]] was based on the [[Supreme Court of the United States|Supreme Court]]'s past argument in ''[[Rostker v. Goldberg]]'' (1981) which had found the male-only draft constitutional because the military then did not allow women to serve. As the Department of Defense has since lifted most restrictions on women in the military, Miller ruled that the justifications no longer apply, and thus the act requiring only men to register would now be considered unconstitutional under the [[Equal Protection Clause]].<ref>{{cite web |url = https://www.nytimes.com/2019/02/24/us/military-draft-men-unconstitutional.html |title = Drafting Only Men for the Military Is Unconstitutional, Judge Rules |first = Tyler |last = Pager |date = 24 February 2019 |access-date = 25 February 2019 |work = The New York Times }}</ref> The government appealed this decision to the 5th Circuit Court of Appeals.<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = Federal court declares current military draft registration requirement unconstitutional |url = https://hasbrouck.org/blog/archives/002337.html |access-date = 31 December 2019 }}</ref> Oral arguments on the appeal were heard on March 3, 2020.<ref>{{cite web |last1=Hasbrouck |first1=Edward |title=Appeals Court hears arguments on the Constitutionality of draft registration |url=https://hasbrouck.org/blog/archives/002365.html |website=Resisters.info |access-date=13 March 2020}}</ref> The District Court decision was reversed by the 5th Circuit Court of Appeals.<ref name="hasbrouck.org">{{cite web |last1=Hasbrouck |first1=Edward |title=Court of Appeals overturns ruling that male-only draft registration requirement is unconstitutional |url=https://hasbrouck.org/blog/archives/002378.html |website=Resisters.Info |access-date=23 January 2021}}</ref> A petition for review was declined by the U.S. Supreme Court.<ref>{{Cite news|last=Liptak|first=Adam|date=7 June 2021|title=Supreme Court Won't Hear Case on Limiting Military Draft to Men|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/06/07/us/supreme-court-draft.html|access-date=8 June 2021|issn=0362-4331}}</ref> | ||
In December 2019, the bipartisan "Selective Service Repeal Act", a bill to repeal the Military Selective Service Act and abolish the Selective Service System, H.R. 5492, was introduced in the U.S. House of Representatives by Representatives [[Peter DeFazio]] (D-OR) and [[Rodney Davis (politician)|Rodney Davis]] (R-IL).<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = Bill introduced to end draft registration |url = https://hasbrouck.org/blog/archives/002363.html |access-date = 31 December 2019 }}</ref> This bill was reintroduced in both the House (H.R. 2509) and the Senate (S. 1139) on April 14, 2021.<ref>{{cite web |title=DeFazio, Wyden, Paul, Davis Introduce Bipartisan Bill to Abolish the Selective Service |date=14 April 2021 |url=https://defazio.house.gov/media-center/press-releases/defazio-wyden-paul-davis-introduce-bipartisan-bill-to-abolish-the |access-date=28 August 2022 |archive-date=29 August 2022 |archive-url=https://web.archive.org/web/20220829184337/https://defazio.house.gov/media-center/press-releases/defazio-wyden-paul-davis-introduce-bipartisan-bill-to-abolish-the |url-status=dead }}</ref> | In December 2019, the bipartisan "Selective Service Repeal Act", a bill to repeal the Military Selective Service Act and abolish the Selective Service System, H.R. 5492, was introduced in the U.S. House of Representatives by Representatives [[Peter DeFazio]] (D-OR) and [[Rodney Davis (politician)|Rodney Davis]] (R-IL).<ref>{{cite web |last1 = Hasbrouck |first1 = Edward |title = Bill introduced to end draft registration |url = https://hasbrouck.org/blog/archives/002363.html |access-date = 31 December 2019 }}</ref> This bill was reintroduced in both the House (H.R. 2509) and the Senate (S. 1139) on April 14, 2021.<ref>{{cite web |title=DeFazio, Wyden, Paul, Davis Introduce Bipartisan Bill to Abolish the Selective Service |date=14 April 2021 |url=https://defazio.house.gov/media-center/press-releases/defazio-wyden-paul-davis-introduce-bipartisan-bill-to-abolish-the |access-date=28 August 2022 |archive-date=29 August 2022 |archive-url=https://web.archive.org/web/20220829184337/https://defazio.house.gov/media-center/press-releases/defazio-wyden-paul-davis-introduce-bipartisan-bill-to-abolish-the |url-status=dead }}</ref> | ||