Lawfare
The Selective Service System is an independent agency of the U.S. government responsible for conscripting personnel for service in a national crisis, colloquially referred to as “the draft.” The Military Selective Service Act (MSSA) currently requires U.S. residents assigned male at birth (AMAB) to register with the Selective Service System at the age of 18. The military draft, if it were ever reinstated, would draw from the registered pool of AMAB individuals 18 to 25 years old. Failure to register is a felony punishable by up to five years’ imprisonment or a $250,000 fine and can result in ineligibility for state-funded student financial aid, most federal employment, some state employment, a security clearance and U.S. citizenship (for noncitizens). Anyone assigned female at birth (AFAB) is not required to register and is barred from registering voluntarily.
The stark contrast in registration requirements has galvanized litigants to question the constitutionality of the policy. In 2013, the National Coalition for Men (NCFM) filed its first complaint in district court; the organization alleged the Selective Service S
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