Lawyers would get rich settling those questions.
But from the stand point of a typical liberal meaningless snow job it would not matter if the draftees were later ordered released by SCOTUS as long as they were out of the labor market for the election.
It is just like Solyndra, for a mere $500,000,000 Obama got to do a photo op saying "We are advancing green energy".
The fact the place was out of business 6 months later doesn't matter since the camera's were long gone by then.
It is standard liberal practice to do meaningless things that don't actually address a problem just so they can say "We did something".
The Clinton AWB is a good example, it did not actually "ban" any guns, it simply interfered with "scary looking" features like bayonet lugs, during the height of the "ban" I personally bought 2 MAK 90's 1/2 a dozen 30 round mags and an SKS with a 30 round fixed mag.
It's all based on appearance, substance has no place in the equation.