<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. >
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