Lawsuit Challenges Bush Administration’s ‘Back Door Draft’

[Nambe]

The NewStandard

A National Guardsman has filed the first court challenge to a presidential order mandating military service members remain on active duty beyond the dates they were scheduled to be discharged from service. Filed in San Francisco federal court on August 17, the lawsuit could affect Bush administration war policies, as well as the lives of at least 40,000 service members who have been or could be forced to serve beyond their enlistment terms.

The Bush administration contends that Executive Order 13223 of September 14, 2001, gives it the authority to implement what is known as the "Stop Loss" program. President George W Bush used the order to declare a national emergency and to give the Defense Department the authority to keep military personnel on active duty involuntarily for not more than 24 consecutive months.

The lawsuit, brought by a Guardsman identified as "John Doe" for privacy reasons, charges that Executive Order 13223 "does not support the involuntary extension of the enlistments of non-commissioned soldiers for service in Iraq."

"Many US troops are frustrated with the Stop Loss policy," explained Joshua Sondheimer, an attorney with the San Francisco-based law offices of Michael S. Sorgen, who is representing John Doe. "Their enlistment has ended and they have done their duty." Sondheimer said now soldiers like his client want to be given a choice whether to continue in the military or go back to their families and get on with their lives. "Is it fair to require that those that have done their duty bear the bear the brunt of the need for a larger military?" he asked. "We no longer have an all volunteer army." ..

Fun * Accurate * * A G.I.’s Handbook

[patdem]

1. Do you realize SEPT 14 was also the VERY FIRST draft lottery

birthday drawn during Viet Nam? That is my birthdy, and I was 18 that year, and had I not been a woman I would have been 1st called!!! Coincindence???

[LauraK]

2. That is amazing Pat. My mother is freaking over the similarities..

of how this war is going comparted to Vietnam. Not surprisingly, it's the same guys running the war (Rove etc.). China wouldn't let us win in Nam and Islahm won't let us win in Iraq and our government doesn't care! Their children aren't fighting.