Overview
- Attorney Steve Kennedy argued that the Supreme Court’s “history and tradition” framework from Dobbs could be used to claim a national draft is unconstitutional.
- He noted that a rule implementing last December’s defense law made Selective Service registration automatic for men ages 18 to 26, which could set up a test case.
- Kennedy acknowledged that prior Supreme Court rulings have upheld conscription but said the current Court gives less weight to precedent than earlier Courts.
- He pointed to early U.S. history with no federal draft, citing James Monroe’s 1812 plan, Daniel Webster’s objection, and an unpublished opinion by Chief Justice Roger Taney.
- No lawsuit has been filed, though automatic registration could spur a young registrant to sue and force courts to revisit the legal basis for the draft.