Congress, Not Courts, Should Decide the Future of the Military Draft, Justice Department Says | WHAT REALLY HAPPENED X-Frame-Options: DENY X-Frame-Options: SAMEORIGIN

Congress, Not Courts, Should Decide the Future of the Military Draft, Justice Department Says

The Biden administration has asked the U.S. Supreme Court to reject a petition calling for the men-only draft registration to be declared unconstitutional and let Congress decide the future of the Selective Service System.

In a brief filed to the court April 14, Acting Solicitor General Elizabeth Prelogar said consideration of the case -- the National Coalition for Men v. Selective Service System -- would be "premature at this time," since Congress is "actively considering” the scope of the registration.

Prelogar, the Justice Department official who argues cases before the Supreme Court, pointed out that previous court decisions "made it clear that the Court should defer to Congress where possible in this sensitive military context," and said legislation has been introduced to address the issue.

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