Court backs army service extension

[cal04]

A US soldier who sued the military to protest against the involuntary extension of his service has lost his challenge of the "stop-loss" policy Washington has used to maintain troop levels. The decision by a three-judge panel of the US 9th Circuit Court of Appeals was the latest upholding the military's right to keep soldiers in the service beyond their original contracted time by issuing emergency stop-loss orders.

The case involved a California National Guard soldier – his name is listed in court papers only as John Doe – whose time under arms was extended by 11 months. Doe argued that the extension was an unconstitutional infringement of liberty but the court disagreed. "Doe's arguments challenging the president's 'stop-loss' authority are not persuasive," Judge Stephen Trott wrote for the three-judge panel. "The 'stop-loss' order extending Doe's enlistment is a valid exercise of presidential power." The court made a similar ruling last May and that decision was cited in the latest review of the issue.


"As we held in Santiago, the enlistment agreement gave warning in plain language that his service could be extended," the decision said. Attorney Michael Sorgen said he would ask for a larger 11-judge en banc panel of the 9th Circuit to reconsider the issue. "The door is still open, but not much," he said. The all-volunteer US military has used the stop-loss program to maintain troop levels as it lags behind its recruiting goals for its forces in Iraq and Afghanistan. Tens of thousands of troops have had their time extended under the program.

http://www.theaustralian.news.com.au/common/story_page/0,5744,17810433%255E1702,00.html

[FtWayneBlue]

1. interesting that this is being reported

by an Aussie paper.....is it in any US papers?

[saigon68]

16. It's real Easy ---if you are a Rustic don't join the GREEN MACHINE

It irks me to NO END--- that these people enlist and then complain.

It would be different if they were DRAFTED or there was A DECLARATION OF WAR.

BUT ZERO SYMPATHY FROM ME FOR THE ENLISTEES


YOU BOUGHT THE PIG NOW YOU HAVE TO RIDE IT !!!!

[Orsino]

17. Without a declaration of war, though...

...I have plenty of sympathy. There's no pig there to ride, in my view.

Until then, there should be no stop-loss.

[samhsarah]

2. assholes. nt

[PretzelWarrior]

3. that's bullshit, man. yeah. you said 4 years active duty

and we're keeping you another 2, so deal with it..BITCH.

[driver8]

9. WTF?? Contracts don't mean anything to the government -- they

can do what they want. You served your four years? Tough shit. We missed our recruiting goals and we need bodies from someplace...you aren't going anywhere.

This administration is a clusterfuck.

[LostinVA]

15. If the Fort Laramie Treaty means nothing, then of course this doesn't

They do what they want when they want... kinda like my boss!

[pinerow]

4. The MSM and 24Hr cable news have much more

important things to report;
1) Brad and Angelina
2) Larrt King Tonight, Exclusive Prison interview with one of the Menendez bros.
3)Alito's wife's crocodile tears
4)Missing Blond White womwn...

Did I leave anything out...?

:woohoo:

[niallmac]

5. Court backs individuals rights above corporate rights.

Court backs right of public to sue government for negligent handling of elections.
Court backs right of pubic access to government provided health care.
Court backs abolition of PACs
Court backs dissolving corporate owned media and dispersing ownership of media to insure freedom of press.
Court backs throwing out three strikes law as inhumane and unconstitutional.
Court backs investigation into DEA and possible conflict of interest between enforcers and suppliers.
Court backs national service over minority conscription only to fight corporate wars.
Court backs right of Americans to affordable higher education.
Court backs strict interpretation of separation of church and state.
Court backs refuting concept of corporations as 'individuals.'

People wonder why the above is only fantasy. Corporations say "You people are such chumps."

[pinerow]

8. I want some of what you're smoking...

:woohoo:

[rpannier]

6. Unfortunately for him...

the military contracts do say they can extend a soldier voluntarily. I remember that from when I was in. Like it or not, the Court decision was correct.

[Centered]

12. you can be "re activated" too can't you?

Isn't there a peroid of a few years they can make you return to duty after discharge?

[rpannier]

13. Yes

You have an eight year period. If you served 4 years, then you still have 4 years left on that commitment. If you served 7, you still have 1.
However, in a serious crisis all bets are off.

[flordehinojos]

7. bastards! let's send bush back to the TANG and out to IRAQ.

[lyonn]

10. If this was a war of necessity rather than of choice

it would make a big difference. Notice the way all politicians say that this was was a mistake but now that we are there .......

Meanwhile, back to the battle field.

[NVMojo]

11. the empire as we knew it is gone ...

[f-bush]

14. Sounds like glorified slavery to me!