Supreme Court Declines Case Deferring The Issue To Congress

Supreme Court Declines Case Deferring The Issue To Congress… For now.

On Monday the Supreme Court rejected an important 5th Amendment case indicating that it’s an issue for Congress to decide… At least for now.

The case is National Coalition For Men v. Selective Service System and it deals with requiring women to register for the draft. Justice Sotomayor was joined by Justices Kavanaugh and Bryer and wrote that:

“Although the Fifth Amendment prohibits the federal government from discriminating on the basis of sex absent an “exceedingly persuasive justification,” and that the Military Selective Service Act requires only men to register, the Supreme Court would defer to Congress “for now.”

They went on to say:

“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.”

They went on to talk about the last time the court upheld the draft in 1981 and excluded women because they were barred from combat roles and would not be needed in the event of a draft but acknowledged that things have changed since then and women are no longer excluded from anything and have served with distinction in a wide range of combat roles.

The issue of women in combat and draft registration is nothing new and Congress has held plenty of hearings on the topic over the past 40 years or so… One of the best testimonies on the topic was in 1992 by then retired 27th Commandant of the Marine Corps Gen Robert H. Barrow. Gen. Barrow led Marines in combat in three of our nation’s most brutal wars, WWII, Korea, and Vietnam… Without question someone that was an expert on the rigors of combat. What’s more, Gen. Barrow was a true gentleman and discussed more than just the issue of women being qualified for serving in combat, he made the point that it just wasn’t necessary… He pointed out that a woman’s natural role is to nurture life, not take life, and emphasizes that war is about killing people… Why would any civilized society want to send their mothers, daughters, and sisters off to war and what impact would it have on the American people if we ever have another conflict with lots of casualties and hundreds of young women are shipped home in body bags?

I personally don’t have a problem with any woman that can meet the same standards as the men taking on any role they want but what we have seen, what is truthful, is that not all women can meet those requirements… In fact, very few do so don’t get all of them killed because a few want to prove a point.  Personally, I can’t help but laugh, I know very few Marines that spent any time carrying a load on their back that didn’t have knee or back surgery by 30… It’s tough on a man’s body… These young women trying to prove a point are going to regret trying to play with the big boys when arthritis sets in and they start getting their necks and backs X-rayed later in life.

I don’t want to downplay the role women have played in the military over the years, plenty of them have served with great distinction and displayed great acts of bravery, but do we really want to force all women onto the front lines because a few capable women care more about breaking through barriers than raising families or staying alive to create the miracle of life?

I wish the video below of Gen. Barrow’s testimony would be played before any congressional hearing on the issue now or in the future because the things he discusses are as true today as they were 30 years ago and they will hold true 30 years from now… I would encourage you to take 15 minutes to watch his testimony.

Let us know your thoughts on women registering for the draft in the comments after you watch the video below…

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B Teboe
June 8, 2021 5:01 pm

Having served in the US Army Women’s Army Corps as well as the Regular Army, I feel that if you’re going to have women in combat they need to be in all female units, particularly infantry units. It takes 2 women to do the job of one man. I know I’ve been there. You cannot expect a 110lb woman to haul a 200lb man off the battlefield. Both will die. Physiological differences are real. Women carry their weight in their butt, men carry their weight in their back. There are some jobs that either sex can do with no problem,… Read more »