The Supreme Court on Monday declined to hear a case claiming that the federal government's male-only draft registration requirement discriminates against women.
The court shut down the challenge in an unsigned order. But Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Brett Kavanaugh, added in a statement that they are watching Congress to see how it acts on recent suggestions that it extend draft requirements from just 18-year-old men to women as well.
"It remains to be seen, of course, whether Congress will end gender-based registration under the Military Selective Service Act," Sotomayor wrote. "But at least for now, the Court’s longstanding deference to Congress on matters of national defense and military affairs cautions against granting review while Congress actively weighs the issue."
Sotomayor's statement aligned with the Biden administration's position, which had urged the court to let Congress handle draft questions.