Soldier fails to halt 'stop-loss' rule

[stevedeshazer]

PORTLAND, Ore. (AP) — An Oregon Army National Guardsman must report for duty after failing in his challenge of a military program that extends his enlistment.

In a federal lawsuit, Sgt. Emiliano Santiago argued he was improperly called to active duty after his formal eight-year contract with the Oregon Guard had ended. The case centered on the Department of Defense's "stop-loss" policy, which has generated lots of debate in the past year as thousands of soldiers were barred from leaving Iraq and Afghanistan even though their enlistment terms had been fulfilled.

U.S. District Judge Owen M. Panner on Tuesday denied Santiago's motion for a preliminary injunction, less than a week before the soldier is due to report for active duty in Fort Sill, Okla.

Panner said he thought the military would endure more harm than Santiago if he ruled in the soldier's favor, essentially agreeing with the government's argument that thousands of military members who are subject to stop-loss orders might file similar legal challenges.

more: http://oregonlive.com/newsflash/regional/index.ssf?/base/news-9/1104308340126830.xml&storylist=orlocal

[Cooley Hurd]

1. Recruitment/Reenlistment down. No friggin wonder...

Why sign a contract which isn't worth the paper it's written on?:shrug:

[Stevious]

2. Well. look at the bright side...

There's still no draft.

[Cooley Hurd]

5. Yet...

We're still in the hole in regards to troop strength. And, with recruitment/reenlistment down, those numbers will further decrease...

[Lost4words]

7. Not in the traditional sense, but there is a draft!

only a fool cant see it!

[Mayberry Machiavelli]

30. I think he was being "ironic"

[KingChicken]

3. Is that the function of the judicial branch, to weigh options?

The judge's job is to interpret the law, not weigh the impact of his decisions, the only right decision is the one that follows the law not necessarily the one that had the smallest negative impact.

Don't be so foolish America...

[Lost4words]

8. Don't be so foolish America... TOO LATE!!! n/t

[Ganja Ninja]

9. Exactly! The contract has run it's course and isn't enforceable.

That's all there is and there ain't no more. If I was this guy I would just not show up. Let the military come after me and see if they have a case. Chances are they would just call someone else.

[UpInArms]

4. This is an absolute travesty!

Panner said he thought the military would endure more harm than Santiago if he ruled in the soldier's favor, essentially agreeing with the government's argument that thousands of military members who are subject to stop-loss orders might file similar legal challenges.

Why in the world would this stupid "judge" allow the military to prevail in this?

A contract should not be allowed to be "voided" - and if this man dies as a result of being "drafted", he will definitely suffer more harm than the "military".

:argh:

[rkc3]

11. To further your thoughts on the quote:

Panner said he thought the military would endure more harm than Santiago if he ruled in the soldier's favor, essentially agreeing with the government's argument that thousands of military members who are subject to stop-loss orders might file similar legal challenges.


How can the military endure more harm than Santiago? Worst case scenario - Santiago gets killed in Iraq - or - the military ceases all future stop-loss actions.

Tell me how this makes any fucking sense. Anyone?

[reprobate]

23. Certainly this makes sense. You just have to change the paradym

You are operating under the mistaken idea that the individual citizen has rights that the gov't does not.

This *was* true before fascism became the law of the land. It no longer holds. The 'citizens' made sure of that in the last election.

There is really only one hope to change things back to the way they should have been in the first place, but never really were: Join the revolution when it happens.

And it will happen. There is no way that they can stop it once it begins. My only question is what will it take to start it?

[Eagle_Eye]

13. We are soon to be looking at even more activist judges

Bush has four more years to appoint judges. When the three branches of government degrade to the point the Judicial Branch is a puppet of the Executive Branch, the whole country is in store for serious problems. Couple this with the Legislative Branch being controlled by the same party that controls the Executive Branch, a complete brake down is very likely.
The Democrats must not just oppose the Bush appointment of ultra right wing judges; the Democrats must oppose ALL Bush appointments until the American people see what is going on. It is very near too late! Even if it means the complete shut down of the Government, we have to stick firm to our beliefs and stop this insane president before we all end up dead or enslaved.

[Tempest]

14. 'Activist Judges' Mainly GOP Appointees Study Shows

http://www.365gay.com/newscon04/03/030204activistJudges.htm

[stevedeshazer]

16. Panner is a Jimmy Carter appointee, just to be fair here n/t

[Tempest]

17. It's just the denial of an injunction

The soldier can apply for a new injunction after he refuses to report for duty.

Since his case is still in the court system, that one would most likely be granted.

[TahitiNut]

20. Just what is "the military" if it's not "thousands of military members"??

This is an appalling contortion of language and ethics. This language presumes that "the military" is something other than a function of, by, and for the people - an imperial entity separate from and superior to the very people that compose it. This judge deserves impeachment or disbarment or worse.

[Gman]

6. Talk about activist judges

"Panner said he thought the military would endure more harm than Santiago if he ruled in the soldier's favor, essentially agreeing with the government's argument that thousands of military members who are subject to stop-loss orders might file similar legal challenges."

[HereSince1628]

10. You have to wonder about the principle of proportion...

The military would suffer more harm than the trooper?

It seems that all that is needed to demonstrate the inappropriateness of the judges ruling is a mind experiment in which there is one dead soldier who was stop-lossed.

Soldier would have lost everything and ceased to exist, military would have lost roughly one millionth of its manpower and would go on its way.

[TahitiNut]

21. Indeed. Not to mention the fallacious reasoning ("slippery slope").

The other major consideration has to be alternatives and recourses. The individual soldier has no recourse than to expose his very life, while "the military" has recourses embedded in law: the draft. This is the very condition that Selective Service is designed to ameliorate: the distribution of a burden of "National Defense" rather than placing the burden on the (now involuntary) shoulders of a diminishingly narrow few.

This Regime knows that an activation of the Draft would awaken millions of somnolent voters - voters who're happy to "Let George Do It" as long as their own oxen aren't gored. This posture is just about the most antithetical to a truly democratic society. "Democracy" doesn't end with an election. Elected officials are morally bound to govern democratically in this country. The very claim of some specious "mandate" to push through fringe legislation that the vast majority of citizens oppose is an abomination to democracy.

[stevedeshazer]

22. I guess that's why they call it "selective service"

A progressive idea, something the Bushies hate.

[amber dog democrat]

12. Possibly this could be appealed

Seems to me if you finish your active, reserve, and inactive + get your discharge.... one could consider ones self separeted from the military.

The guard may be a different matter but i wonder how many would have signed up if they knew this could happen. Why not have press gangs ?

[MissB]

15. They've extended his termination date to 2031 - that is 27 years!

Nope, no draft here.

[bluestateguy]

18. Oh! Can-ada!

[genieroze]

19. indentured servitude/involuntary servitude = slavery

Thirteenth Amendment
http://www.nps.gov/malu/documents/amend13.htm
This doesn't apply to the military, but since his contract was up I feel it does. Plus they are in breech of contract.
"Santiago, 27, lives in Pasco, Wash., but is a solider with D Company of the Oregon Guard's 113th Aviation Battalion, based in Pendleton. He signed up for an eight-year tour beginning June 28, 1996. In April, less than three months before he was scheduled to be discharged, the Army alerted Santiago's unit that it might be mobilized.

As a result, Santiago's termination date was extended more than 27 years — to December 2031. In October, Santiago learned that the Army planned to activate his unit Jan. 2, 2005, and deploy the solider to Afghanistan in early February."

Can you imagine a mortgage company of a loan from a bank being allowed to change it's terms at will? This guy should appeal. Hey your mortgage is going to be paid off in three months, Oops, lets tack on another 27 years of payments because the mortgage company needs money. This judge should be sent to Fallujah for 27 years.

[Barkley]

24. "Without Consent or Contract"

is the title of a book on slavery written by Nobel prize winner and economist, Robert Fogel.

And I agree with you in that what's happening to the troops parallels the formation of slavery in the US.

The first African Americans in Jamestown, like many of the whites of that era were not slaves but indentured servants.

But after a generation blacks became slaves as the terms of their contracts were extended indefintely. These unilateral extensions were unsuccessfully challeged in court.

These extensions basically remained in place because of the economics of free labor and the inability of blacks to retaliate en mass.

Prior to slavery, once indentured blacks completed their labor tenure, they received 'freedom dues' and were set free; their children were not slaves.

A contract without consent is not a contract its slavery.

[AndyTiedye]

27. FOR THE DURATION

They're not gonna let anybody out, ever.

They'll use all that as an excuse to start up the draft.
But they still won't let anybody out,
until they're too used-up and broken to fight anymore.

They've got more countries to invade.

[VegasWolf]

25. Here's the backdoor draft the repukes were saying would never happen!n/t

[genieroze]

26. The front door draft is just around the corner. eom

[Bucknut213]

28. Exact language?

Does anyone know what language the govt is using for the basis of their argument? I have yet to come across it anywhere. Is there any language or is Rummy just saying government need trumps your rights? Anyone know a good website about this issue?
Thanks

[genieroze]

29. What language? German? Sig Heil. Just kidding eom

[Just Me]

31. Better start ACTIVATING those "freedoms",...loudly!!!!

Wanna' respect our troops? Show your respect by ACTIVELY engaging your freedom to EXPRESS yourselves!!!

BE FREE TO SPEAK AND TO ASSOCIATE AND TO PARTICIPATE IN THIS DYSFUNCTIONAL POLITICAL PROCESS!!!

PROVE your respect for those who FIGHT FOR OUR FREEDOMS,...by EXERCISING THOSE FREEDOMS!!!!

Damn!!!

Wake up from the political-corporate psy-ops!!!

Wake up. Wake up.