The question of whether it’s unconstitutional to require men but not women to register could be viewed as one with little practical impact. The last time there was a draft was during the Vietnam War, and the military has been all-volunteer since. But the registration requirement is one of the few remaining places where federal law treats men and women differently, and women’s groups are among those arguing that allowing it to stand is harmful.

The justices could say as soon as Monday whether they will hear a case involving the Military Selective Service Act, which requires men to register for the draft.

The question of whether it’s unconstitutional to require men but not women to register could be viewed as one with little practical impact. The last time there was a draft was during the Vietnam War, and the military has been all-volunteer since. But the registration requirement is one of the few remaining places where federal law treats men and women differently, and women’s groups are among those arguing that allowing it to stand is harmful.

The justices could say as soon as Monday whether they will hear a case involving the Military Selective Service Act, which requires men to register for the draft.

U.S. Army Infantry soldiers-in-training assigned to Alpha Company, 1st Battalion, 19th Infantry Regiment, 198th Infantry Brigade, at Fort Benning, Georgia, conduct basic rifle marksmanship training (BRM) March 23, 2017. (Patrick A. Albright/Army)
Biden wants Congress, not courts, to decide on adding women to military draft
U.S. Supreme Court considering whether to take up the case.

Todd South
Ria Tabacco Mar, the director of the American Civil Liberties Union’s Women’s Rights Project, who is urging the court to take up the issue, says requiring men to register imposes a “serious burden on men that’s not being imposed on women.”

Men who do not register can lose eligibility for student loans and civil service jobs, and failing to register is also a felony punishable by a fine of up to $250,000 and five years in prison. But Tabacco Mar says the male-only requirement does more than that.


“It’s also sending a tremendously harmful message that women are less fit than men to serve their country in this particular way and conversely that men are less fit than women to stay home as caregivers in the event of an armed conflict. We think those stereotypes demean both men and women,” she said.

Even if the draft is never used again, retaining the men-only requirement sends a “really damaging message,” said Tabacco Mar, who represents the National Coalition For Men and two individual men challenging the law.

We're going to check in now on the record number of anti-protest bills that Republicans have introduced this year. Several have already become law. In Florida, for example, Governor Ron DeSantis signed what he calls anti-riot legislation. It includes new penalties for protesters and for local governments that decrease law enforcement budgets. In Oklahoma, drivers who unintentionally hit protesters now have immunity. Now these bills and others follow months of large scale, mostly peaceful demonstrations against police brutality. And these bills are raising red flags among First Amendment experts. Joining me now is Nick Robinson. He is a senior legal adviser at the International Center for Not-for-Profit Law. Nick Robinson, welcome.

NICK ROBINSON: Thanks for having me.

KELLY: So we're just four months into the 2021 legislative season. How many bills have been introduced that would fit under this umbrella of anti-riot or anti-protest legislation?

ROBINSON: Since the killing of George Floyd this past May, we've seen over 90 anti-protest bills introduced in 35 states that undermine the right to peaceful assembly.

KELLY: And what are some of the common themes that you're seeing across these bills?

ROBINSON: Many of these bills increase penalties for obstructing traffic or sidewalks, which often happens during protests. So a bill in Tennessee that was enacted in August increased the penalty to a year in jail if protesters make it inconvenient to use a sidewalk. Many of them also expand anti-rioting laws. So in Florida, Governor DeSantis recently signed this major anti-protest bill into law, and one of the most controversial parts is how it defines rioting to potentially capture peaceful protesters who engage in no violence at all.

So for example, if you're, let's say, at a large protest and a handful of people decide to kick over trash can, you can potentially be arrested for rioting for just being part of that same crowd. And the penalties are extreme. So under the new law, rioting's a felony. And if there's more than 23 people in the crowd, it can be punishable by up to 15 years in jail. So these vague provisions and these really life-altering penalties can easily intimidate peaceful protesters.