No Result
View All Results
Reserve & National Guard
SUBSCRIBE FREE
No Result
View All Results
Reserve & National Guard
SUBSCRIBE FREE
Reserve & National Guard

Federal Judge Deems All-Male Draft Unconstitutional

Matthew Feehan
by Matthew Feehan
March 1, 2019

The future of the draft is divergent, and recent federal rulings are setting the wheels in motion for its change.

The current language of the Military Selective Service Act only selecting males has been ruled unconstitutional by U.S. District Judge Gray Miller of the Southern District of Texas. What does this mean for the Selective Service System’s practice of only selecting men for potential military service?

Nothing, for now.

When a male between the ages of 18 and 25 applies for federal student aid, a driver’s license or federal employment, he will still be required to answer whether he registered for the selective service. In addition, he will continue to be reminded of the penalties for not doing so, which range from being denied eligibility for federal benefits to being prosecuted and facing fines up to $250,000 and/or jail time of up to five years.

Because Judge Miller’s decision came in the form of a declaratory judgement and not injunctive relief, the Selective Service System was not ordered by the court to register females or to do away with the selective service process. Rather, the court was asked by the plaintiffs in the case, like National Coalition for Men, to make a call.

A declaration of the court is a legal determination, much like a mass email from a commander stating his/her position on an issue. However, as a result of the court’s declaration, the legal rule 50 U.S.C. § 3802 – Registration is now tainted with an unfavorable reading from the judiciary, which has put the 116th Congress on notice to make a change. This is not a surprise to Congress because it had already created the National Commission on Military, National and Public Service on Sept. 19, 2017 to further examine the Selective Service System.

The bipartisan, 11-member commission is expected to publish a final report on the military selective service process by September 2020. In its final report, one should see a response from the commission about the constitutionality of the Military Selective Service Act.

In the commission’s interim report, published January 2019, Chairman Joseph J. Heck, stated, “My fellow commissioners and I are grateful to those whose commitment to service has proven instrumental in bringing these issues to the forefront of public debate. We thank Reps. Mac Thornberry and Adam Smith of the House Armed Services Committee along with the late Sen. John McCain and Sen. Jack Reed of the Senate Armed Services Committee for their vision in creating this Commission. We also deeply appreciate all who have contributed to our nation and our communities through service.”

The most important takeaway from Judge Miller’s decision is the formal recognition of a change in American perception with respect to women in combat. The argument for male-only selective service based on overly broad and stereotypical assumptions of women and men no longer holds water. Moreover, public awareness of the inequitable penalties for males who fail to register has increased.

Harry Crouch, president of NCFM, expressed his disappointment with what can be fairly described as a lack of mainstream media coverage: “It is surprising that larger outlets are not covering this story at all.”

Furthermore, Crouch said, “This has surpassed the legal issue point . . . to think women will be immediately conscripted and required to go to war now [as a result of Judge Miller’s ruling] is totally absurd.”

Crouch also recognizes, in light of the recent legal decision, that the debate is no longer over the application of a legal rule with respect to the Military Selective Service Act, but one of a social nature. Organizations, such as NCFM, are bringing to light men’s issues not ordinarily covered in the mainstream debate.

Learn more about what NCFM is doing at www.ncfm.org.

Join the conversation about the Selective Service System on the commission’s website, http://www.inspire2serve.gov.

Read comments
Tags: draftHarry CrouchHouse Armed Services CommitteeMilitary Selective Service ActNational Coalition for MenNational Commission on MilitarySelective Service System
Matthew Feehan

Matthew Feehan

Matthew Feehan is a former infantry officer with the Massachusetts Army National Guard. He served as a boatswain's mate with the United States Coast Guard Reserve, Port Security Unit 301 as an enlisted soldier before he earned his commission from Boston University’s Reserve Officer Training Corps. He later served as a summer law intern for the Department of Justice, Executive Office for Immigration Review. Most recently, he deployed to the Northern Sinai in support of the Multinational Force and Observers mission as a force protection platoon leader. As a graduate of Western New England University School of Law, he is focusing his research and writing on service members’ rights within academia. Specifically, he seeks to expand the standard legal protections offered to service members by the Uniformed Services Employment and Reemployment Rights Act of 1994 to service members enrolled in academic programs.

Related Posts

Guardsmen ‘undersell themselves’ in civilian job hunt

by AmeriForce Exclusive
3 days ago
0

An employment program is offering specialized support for the career readiness needs of job seekers from the National Guard. “Members...

Read more

Twin brothers climb enlisted ranks together

by Crystal Kupper
3 days ago
0
Twin brothers at the 185th Air Refueling Wing, Chief Master Sgt. Lucas Terry, the unit’s Vehicle Management Superintendent and Chief Master Sgt. Zachary Terry, the unit’s Distribution Superintendent both promote from senior master sergeant to chief master sergeant at their promotion ceremonies on August 6, 2023 in Sioux City, Iowa. Both Lucas Terry and Zachary Terry enlisted at the same time 23 years ago (U.S. Air National Guard photo by Airman 1st Class Olivia Monk).

Chief Master Sgts. Zachary “Zach” Terry and Lucas “Luke” Terry have always done everything as a pair. From their boyhood...

Read more

Army medic receives EMT certification through the military

by Christopher Adams
3 days ago
0
Ambulance standing in night traffic at a motor vehicle accident in early winter, Roseburg Oregon

Spc. Trevor George, who serves in the Minnesota National Guard, trained and served as an Army medic and currently works...

Read more

Security forces awardee credits team for success

by Kari Williams
2 weeks ago
0
security forces

Capt. Paul Day, who is in security forces, is the 2022 Air Reserve Component Company Grade Officer of the Year.

Read more

Country music icon enlists, wants to inspire next generation of recruits

by Jessica Manfre
2 weeks ago
0
Staff Sgt. Craig Morgan took the oath of enlistment on the stage of the Grand Ole Opry. CREDIT: © Grand Ole Opry, photos by Chris Hollo

Army veteran and country music star Craig Morgan surprised an audience this summer by taking the oath of enlistment during...

Read more

Award-winning career counselor puts his soldiers first

by Christopher Adams
3 weeks ago
0
career counselor

For Sgt. 1st Class Antoni Bukowski, receiving the Army Reserve’s 2023 Career Counselor of the Year honor felt like winning...

Read more

Ads

Let's get social

The RNG Drill

News delivered directly to your inbox

Let's connect!

ABOUT US

  • OUR STORY
  • OUR TEAM
  • OUR WRITERS

MAGAZINE

  • GET PRINT
  • GET DIGITAL
  • GET THE NEWSLETTER

ADVERTISE

  • GET OUR MEDIA KIT
  • PUBLISHER’S STATEMENT

SUBMISSIONS

  • SUBMIT YOUR STORY

Never miss out on the latest stories.

© 2021 Reserve & National Guard by AmeriForce. Privacy Policy | Terms | Site by Swiss Commerce

Thank you for your interest in The Reserve & National Guard Magazine!

Thank you for your interest in The Reserve & National Guard Magazine!

No Result
View All Results
  • NEWS
  • YOUR CAREER
    • UNIT TRAINING
    • DEPLOYMENT
    • PROFESSIONAL DEVELOPMENT
    • RECRUITING & RETENTION
    • ENTREPRENEUR
    • TRANSITION
  • EDUCATION
  • MILITARY LIFE
    • MILITARY SPOUSES
    • MILITARY KIDS
    • PARENTING
  • OFF DUTY
    • ENTERTAINMENT
    • TRAVEL
  • HEALTH
    • FITNESS
    • MEDICINE
    • MENTAL HEALTH
  • SPORTS
  • OPINION
  • HISTORY
  • MONEY
    • PERSONAL FINANCE
    • BENEFITS
  • GET THE MAGAZINE
    • PRINT MAGAZINES
    • DIGITAL MAGAZINES
    • GET THE NEWSLETTER
  • ABOUT US
    • MEET OUR TEAM
    • OUR AUTHORS
    • ADVERTISE WITH US
    • SUBMIT YOUR STORY
    • PITCH US
    • CONTACT

© 2022 Reserve & National Guard by AmeriForce. Site by SCBW