Appeals Court Refuses to Hear Challenge to Stop-Loss Program

<A Sacramento-area soldier who challenged the military's so-called "stop-loss" program will have to go to Iraq with the rest of his unit. On Monday a federal appeals court refused to intervene in the case.

The military's "stop-loss" program involuntarily extends enlistments during wars and national emergencies. Through the program, the government has kept approximately 40,000 reservists on active duty beyond the terms of their enlistments.

A three-judge panel of the Ninth U.S. Circuit Court of Appeals declined to intervene after the soldier, identified only as "John Doe," argued the policy doesn't apply to the National Guard. His lawyers said the provision can legally be used only when Congress declares war, which was not the case with Iraq.

The defendant in the case is an active-duty veteran who began a one-year trial enlistment in the National Guard in May 2003. He re-enlisted in February 2004 under terms that the military would discharge him in May 2005.

The soldier is serving in the 2668th Transportation Company. The unit reported to Fort Lewis, Washington, in October and is expected to be deployed to Iraq in mid-December. The unit will stay in Iraq until some time in 2006. >

http://www.news10.net/storyfull1.asp?id=8615

...when they're pulling the geezers out of the retirement homes?

sarcasm off.

Seriously, I'm sure the judges did what was right under the law, but it irks me to hear the R's criticize the 9th circuit (our most decent and reasonable Federal appeals circuit, imho).

And as to the above poster, I talked to two navy guys last night, friends who are recruiters, and they said that there's no way there will be a draft. When I mentioned that Bush can do whatever he wants, now, and that he has nothing to lose, they said he won't call for a draft because he's responsible for the R. party, and a draft would hurt the party.

They had no response when I mentioned that * doesn't give a rat's *** about the future of the R. party, given that he may very well believe that the rapture is immanent.

-Laelth