Federal appeals court: Male-only draft is constitutional

Discussion in 'Political Issues' started by DonGlock26, Aug 13, 2020.

  1. DonGlock26

    DonGlock26

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    "Federal appeals court: Male-only draft is constitutional

    A men's rights group says it will push ahead with its court efforts to have the nation's male-only military draft system declared unconstitutional

    By
    KEVIN McGILL Associated Press
    August 13, 2020, 2:38 PM
    3 min read

    NEW ORLEANS -- A federal appeals court in New Orleans upheld the constitutionality of the all-male military draft system Thursday, citing a 1981 U.S. Supreme Court decision.

    In a decision that overturned a 2019 ruling by a Texas-based federal judge, a panel of the 5th U.S. Circuit Court of Appeals in New Orleans said “only the Supreme Court may revise its precedent.”


    The case was argued in March and was the result of a lawsuit by the National Coalition for Men and two men challenging the male-only draft. They argued that the 1981 case was decided at a time when women were largely absent from combat.

    Thursday's unanimous ruling from the three-judge panel acknowledged that “the factual underpinning of the controlling Supreme Court decision has changed. However, the judges noted, “that does not grant a court of appeals license to disregard or overrule that precedent.”

    Plaintiffs in the case could seek a rehearing before the full 17-judge appeals court or go to the Supreme Court. Harry Crouch, president of the National Coalition for Men, said organization leaders will discuss their next move with attorneys. “All I can tell you is we will be moving the case forward,” he said.

    The U.S. government stopped drafting young men into the military in 1973. But every male must still register for the draft when he turns 18.

    https://abcnews.go.com/US/wireStory/federal-appeals-court-male-draft-constitutional-72350218 "

    If women are equal to men, then they should share the burden of a draft during a national emergency.
     
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  2. Emily W Trott

    Emily W Trott "Gary" is now a part of my past

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    I am not an attorney or a constitutional scholar, but as near as I can figure the power to draft people is provided by the power to call forth the militia. Since the only females who are recognized by law as being a part of the militia are those in the National Guard, then the male only militia is constitutional as the court said.

    "(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard."

    https://www.law.cornell.edu/uscode/text/10/246
     
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  3. Ramjet38

    Ramjet38 Mentally Frozen

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    That's all well and fine, but our country would be better off if all men and women between the ages of eighteen and twenty one serve two years in some capacity of civic duty to the United States. Maybe we wouldn't be having the problems we are having today, or not having as much of a problem.
     
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  4. CAcop

    CAcop

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    A bunch of pieces of **** wood have to explain why they didn't serve.

    I would have actually like to have gotten through college first and I would have been willing to give up and extra year or two. Kind of like the Israelis. You can do it at 18 and do 2 years or you can do it at college graduation and do it for 3 as an officer. Even as enlisted that would be a good deal.
     
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  5. okiegtrider

    okiegtrider

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    Doesn't matter now. When Kamala is president we won't have a military anyhow. Let alone a draft.
     
  6. Pluto57

    Pluto57

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    WTH would we do with all those people? That would be, what, three to four million people a year to train and pay? That is about three times the total of the entire armed forces.
     
  7. GlockPolock

    GlockPolock

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    At 18 if their sound of mind and body. The person should have a mandatory 12 weeks basic training and an optional AIT. I’m talking old style basic training. 1960’s and 70’s type. The kids today are screaming for discipline. Nothing like a foul mouthed D.I. Screaming at you with unbrushed teeth and coffee breath. Ten Hut!


    DROBIAZG
     
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  8. Longbow

    Longbow Millennium Member

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    It won't matter much. Soon we will have social workers replacing the police and military anyway....

    :)
     
  9. Dave Brubaker

    Dave Brubaker

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    Democrat lawmakers are excited, even more of their 18 year-olds will decide to become trannies.
     
  10. 1bigK

    1bigK

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    Deleted
     
    Last edited: Aug 14, 2020
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  11. Judge Bean

    Judge Bean Previously Guss

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    The Equal Rights Amendment would have changed that.
     
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  12. 1bigK

    1bigK

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    Not automatically. I am pretty sure that the case would have to be brought before the Supreme Court and argued successfully to change or amend their previous ruling. Such a conflict would be referred to by the highly technical term as something being a little murky. (Kind of like swamp water.)


    Sent from my iPhone using Tapatalk
     
    Last edited: Aug 14, 2020
  13. Ramjet38

    Ramjet38 Mentally Frozen

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    You could also have it as serve two years, and get two years of college tuition free at a state college.
     
  14. robhic

    robhic I'm your huckleberry.... Platinum Member

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    Isn't that or something like it the law in Israel?
     
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  15. thewitt

    thewitt

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    All the Democrats declare war and send troops to other countries, regardless of what they promised as candidates.

    It's part and parcel of leading with emotion and not logic.
     
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  16. Ramjet38

    Ramjet38 Mentally Frozen

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    There's all kinds of work. National Park service, etc. Even state and rural civic jobs. Make the pay minimal with incentive of college tuition.
    Might not work for everyone, but is a thought. Israel does it for military service.
     
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  17. Ramjet38

    Ramjet38 Mentally Frozen

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    It was I don't know if it still is, but i think so.
     
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  18. MurrayNevada

    MurrayNevada USMC (MOS 0369) (RVN 69-70)

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    The day it becomes necessary for women to be drafted into the Army as brand new 11Bs is the day things have gone very wrong in the world and hopefully I will not be here to see it. If the argument is won that women should be drafted it will follow that they should also be assigned to combat arms. There is no difference, right?
     
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  19. thewitt

    thewitt

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    Where have you been? Women are already serving in every combat role except Riot Control... Nearly 2% of all women serving are currently in the combat infantry...
     
  20. Gokyo

    Gokyo

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    By that logic only "All men are created equal and endowed by their creator certain inalienable rights...." Only applies to men too.

    If when want to be equal to men then any place you read men you should also read by implication of equality women.
     
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