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Will women be drafted? Will women be required to register for the draft?
From Draft NOtices, January - March 2016
— Edward Hasbrouck
When the Supreme Court upheld males-only draft registration in 1981, it based its decision on "deference" to the decisions of the Department of Defense and the Commander-In-Chief, at that time, not to assign women to any combat position. The facts underlying that Supreme Court decision have now changed with the announcement on December 4, 2015, that women in the military will be considered for all combat jobs.
Several lawsuits again challenging males-only draft registration had been filed when the Pentagon announced that it would begin considering women for some combat positions in 2013. It's unclear which of these lawsuits, or which new one, will be the first one to be decided. But it's now highly likely that males-only draft registration will be found unconstitutional. Such a court ruling would force Congress to choose whether to extend draft registration to women, or to let a court decision ending registration stand.
Under current law, the courts can't order women to register. Nor can the President or the Pentagon, without action by Congress to change the law. So unless Congress extends the registration requirement to women, registration of men will have to end if courts find that it is illegally discriminatory. On the other hand, the current males-only draft registration could be ended by Presidential proclamation, by Congress, or by the Federal courts if they find that it is unconstitutional.