LAT: Soldier Sues to Remain at Home (challenges Stop Loss)

[RamboLiberal]

http://www.latimes.com/news/local/la-me-guard11oct11,1,6519309,print.story

Amid yellow ribbons and farewell banners at a ceremony for Iraq-bound troops here last week was one anonymous combat veteran waging a last-minute federal court battle to stay home.

The California National Guard soldier, identified as "John Doe" in a lawsuit filed Oct. 1 in U.S. District Court in Sacramento, contends that the military's controversial "stop-loss" program to involuntarily extend enlistments is illegal when applied to National Guard soldiers, about 40,000 of whom are deployed in the U.S. occupation of Iraq.

Coupled with a similar action filed Aug. 17 in San Francisco that involves another California National Guard soldier ordered to Iraq, the lawsuit is seen as the first serious court test of the stop-loss program, in which thousands of National Guard and reserve troops have been called on to meet increasing military manpower needs in Iraq.

"Ultimately, this is about fairness," said San Francisco attorney Joshua Sondheimer, who represents both California soldiers. "It is not fair or appropriate to put the burden of having an expanded military on the backs of those people who have already done their duty."