Washington DC – The Supreme Court may decide whether to hear a case to remove the male-only requirements for the military draft.

The decision whether to hear the case, which was filed by the National Coalition for Men, may come as early as this week, CNN reported.

They are challenging a 1981 court decision to uphold the requirement that all men – but not women – register for the draft. At that time, women were still barred from combat. That ban was lifted in 2013.

Although the draft hasn't been used since 1973, Congress can still reinstate it in times of emergency.

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The American Civil Liberties Union (ACLU) is representing the National Coalition for Men in the case. In court papers, they assert that the "male-only military draft is unlawful sex discrimination."

"By burdening only men while excluding women, the Military Service Act sends a message that women are not vital to the defense of the country," the argument continued.

ACLU National Legal Director David Cole invoked the late Justice Ruth Bader Ginsburg in a tweet, saying, "#RBG would be proud of an effort to challenge one of the last formal sex distinctions under federal law."

But the Biden administration has urged the court not to take up the case at this time, as Congress is reportedly already considering measures to get rid of male-only registration stipulations and expand draft eligibility to all who meet the minimum age requirement.

Acting Solicitor General Elizabeth Prelogar explained, "Congress's attention to the question may soon eliminate any need for the Court to grapple with that constitutional question."