Republican skeptics may not have enough power to overturn Defense Secretary Ash Carter’s order to open all combat positions to women. But some are delivering a more subtle warning: it could lead to registering all young women in America for the draft.

The Pentagon’s move on Thursday did not include any requirement that women register with the Selective Service when they turn 18, as their male counterparts are required to do — and Carter demurred when a reporter asked about it.


But congressional Republicans already are raising that prospect, in what appears to be an effort to point out that the Pentagon hasn’t fully grappled with the implications of its historic decision to allow women into all front-line combat jobs. It is a delicate political gamble for lawmakers who don't want to appear sexist but also insist that some misgivings about the decision within the ranks deserve more attention.

“If this goes through, it’s going to be mandated that women be drafted,” said Rep. Duncan Hunter of California, a Marine Corps veteran who served in Iraq and Afghanistan — and who maintains that women should still be barred from some combat roles. “If you’re going to have women in infantry units, if a draft ever occurred, America needs to realize that its daughters and sisters would be included."

“The reason you draft people,” he added, “is because you have infantrymen dying.”

Sen. John McCain of Arizona and Rep. Mac Thornberry of Texas, who chair the Armed Services committees, likewise raised the notion that the logical next step is that all women from ages 18 to 25 could find themselves forced into military service in the event of a major war. And, just like men, they could face prison if they were to refuse being drafted.

McCain and Thornberry said they “look forward to receiving the department’s views on any changes to the Selective Service Act that may be required as a result of this decision.”

Carter acknowledged that “it’s an issue that’s out there” when a reporter raised the draft question during his announcement at the Pentagon. But he said he couldn’t comment further, explaining that it’s subject to litigation — presumably a reference to a lawsuit by a teenage girl in New Jersey who says the Selective Service System is discriminatory, as the Courthouse News Service has documented.

A spokesman for the Selective Service, Brian McHugh, suggested the matter would ultimately be decided through a “presidential decision.”

“We will continue to collect information on males and males only — until told otherwise,” he added.

But it’s unclear who will be the ultimate arbiter. A 1948 law explicitly bars women from being registered for the draft, and the Supreme Court upheld that restriction in 1981, shortly after the Jimmy Carter administration revived the draft registration following the Soviet invasion of Afghanistan.

“Congress passed a law that prohibited the induction of women and the Supreme Court held that to be constitutional,” said Bernard Rostker, a former undersecretary of defense for personnel and readiness who also ran the Selective Service from 1979 to 1981. “That either has to be overturned or the law has to be changed.”

The Selective Service's stated mission is “to furnish manpower to the Defense Department during a national emergency.” One recent advertisement reminded those eligible to register: "Men, citizens and non-citizen immigrants, living in America must register within 30 days of their 18th birthday. It’s the law!"

There is also a so-called Alternative Service Program that allows men who have been classified by their local draft board as "conscientious objectors" to fulfill their service obligation in a civilian capacity, such as working on conservation projects, caring for the young and elderly, assisting on educational efforts or in health care.

Secretary of Defense Ash Carter noted that about 220,000 military jobs were closed to women and would now be opened, allowing women to operate tanks, fire mortars and lead infantry soldiers into combat. | AP Photo

While Republicans were raising questions Thursday about the draft, few voiced outright opposition to Carter’s decision to allow women into all combat jobs — demonstrating how much the climate has changed on Capitol Hill, where the move is expected to face only modest resistance.

"We expect the department to send over its implementation plans as quickly as possible to ensure our committees have all the information necessary to conduct proper and rigorous oversight," McCain and Thornberry said in their joint statement. "By law, the Congress has a 30-day period to review the implications of today's decision."

Meanwhile, Republican presidential hopeful Lindsey Graham — also one of the Senate's leading defense hawks — said he has "no reason to object."

"I've sort of, I guess, evolved on this issue, quite frankly," the South Carolina Republican told reporters. "If the military community feels that women are capable of doing this, then I will not stand in the way."

Carter’s decision represents a major milestone for President Barack Obama, furthering his legacy of making the military more inclusive.

The president inherited a military that banned gays from serving openly, barred transgender troops and didn't allow women in units that were primarily involved in ground combat. All three of those exclusions have been or are in the process of being overturned.

"As commander in chief, I know that this change, like others before it, will again make our military even stronger," Obama said in a statement Thursday. "Our armed forces will draw on an even wider pool of talent. Women who can meet the high standards required will have new opportunities to serve."

Carter's announcement caps a process that began in 2013, when then-Defense Secretary Leon Panetta lifted the ban on women serving in ground combat roles but gave the military services branches until 2016 to evaluate the implications and request any exemptions for specific jobs to remain male-only.

Carter said Thursday the Marine Corps asked for partial exceptions for certain front-line combat jobs, based on studies that commanders said showed all-male combat units were more effective. Carter rejected the requests.

Joint Chiefs Chairman Gen. Joseph Dunford, who was Marine Corps commandant when the studies were being conducted, was not present during Carter's announcement on Thursday — leading reporters to ask about his absence.

Dunford "understands what my decision is, and my decision is my decision," Carter responded. "He will be at my side as we do the implementation."

Carter noted that about 220,000 military jobs were closed to women and would now be opened, allowing women to operate tanks, fire mortars and lead infantry soldiers into combat.

He said the military would maintain high standards for all combat assignments but explained that some standards were being modified after studies demonstrated they were "outdated" or not reflective of the skills necessary for the jobs.

"Our force of the future must continue to benefit from the best people America has to offer," Carter said. "In the 21st century, that includes drawing strength from the broadest possible pool of people."

Sen. Claire McCaskill (D-Mo.), who supports the decision, said Thursday she does think it will “eventually” mean that women will be part of the draft. But that’s not a bad thing, she said.

“There’s all kinds of ways women can serve, and there’s all kinds of ways men can serve,” she explained. “And if, in fact, we were at a point where we were having a draft again, I would think both would and should serve.”

Jeremy Herb and Bryan Bender contributed to this report.

