Army Guardsman sues to get out (of the military; re: stop loss)

[Maddy McCall]

SAN FRANCISCO, Aug. 17 -- A decorated combat veteran filed a lawsuit Tuesday asserting that the government cannot prevent reservists from leaving the military when their enlistment periods end.

The suit against Defense Secretary Donald H. Rumsfeld and other military officials names the plaintiff as John Doe. It says he served in the Marine Corps and Army for nine years on active duty and three years as a reservist.

"This lawsuit seeks to stop the forced retention of men and women who have fulfilled their service obligations," said attorney Michael Sorgen. "When their period of enlistment ends, they should be entitled to return to their families."

He called the suit the first of its kind.

snip/

"The order violates Doe's right to due process and the terms of his enlistment contract, and is contrary to law," the lawsuit reads. "The involuntary extension of Doe's military enlistment constitutes a serious infringement on his liberty protected by the Constitution."

http://www.washingtonpost.com/wp-dyn/articles/A9535-2004Aug17.html

[Cronus Protagonist]

1. This is classic. Think he'll win?

I think he's got a good chance, even with the felonius five still soiling the Supreme Clowns.

SHOVE IT! - Drop Bush Not Bombs! - Hero Kerry AWOL Bush
http://brainbuttons.com/home.asp?stashid=13

[jpgray]

2. As far as I know, the fine print is there and he has no case.

Which is too bad, but hopefully this gets some press.

[TahitiNut]

3. Well, the 'fine print' is one defense ...

... but if it were a contract between private parties, any 'fine print' deemed to be contrary to the prevailing public interest would be severable and void. (IANAL) It seems to me the courts tend to enforce contract law when it's private and 'fair disclosure'/'due process' when it's governmental, causing an uneven playing field. The question I'd have is whether the 'stop loss' was accompanied by backfill strategies. It seems to me that the rationale/apologetics for a 'stop loss' are short term and urgency. Since this has been going on for over a year (with an open end) and there's been no adequate amelioration action undertaken, the plaintiff would have a case.

[Maddy McCall]

5. kick

[stevedeshazer]

4. kick

:kick: