Appeals court rejects Guardsman's bid to block extension of his service

[Rose Siding]

Sgt. Emiliano Santiago is one step closer to Afghanistan.

A three-judge panel of the 9th Circuit Court of Appeals took just hours yesterday to uphold the military's "stop-loss" policy that required Santiago to report to active duty months after he completed an eight-year commitment to the National Guard.

In a two-paragraph judgment, the judges also denied Santiago's motion to allow him to remain in the United States pending an appeal. The judges said they would provide a more detailed opinion later.

Santiago was due to ship out tomorrow from his Pasco home to re-unite with his helicopter-refueling unit in Afghanistan.

http://seattletimes.nwsource.com/html/localnews/2002233738_stoploss07.html

yesterday's story...

Emiliano Santiago, an Oregon National Guardsman, finished his eight-year enlistment last June.
But four months later the Army wanted to ship the Pasco resident to Afghanistan and reset his military termination date to Christmas Eve 2031.
.....
His lawsuit, Santiago v. Secretary of Defense Donald Rumsfeld, will be heard today in a special sitting of the 9th Circuit Court of Appeals in Seattle.

It will be the highest court review of the Army's "stop-loss" policy, which affects about 14,000 soldiers nationwide.
.....
In legal briefs, Santiago's legal team blasted the Pentagon's policy.
"Conscription for decades or life is the work of despots. ... It has no place in a free and democratic society," the team wrote.

"If the government can break its promises to young men and women like Santiago, then the bedrock of our all-volunteer army — trust in the government's promises — will crumble."

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=1373637

[Judi Lynn]

1. Surely they'll take this higher. It's simply inhumane.

Actually doesn't seem possible they'd even try it. Disgraceful.

[Rose Siding]

4. Sounds like they have to get the written ruling first

and the judges hung them up by not giving one...

snip>
"Our problem is we have to decide what to do without knowing why we lost," said Jon Eisenberg, one of Santiago's attorneys.
........

He's gotta report or go AWOL

[GodlessBiker]

2. Once this gets out on the street, recruitment figures will drop even more.

[HereSince1628]

3. This story needs to be on billboards

located in the immediate vicinity of recruiting centers.

Nothing but the basic facts: "Your eight year commitment could be extended by 31 years."

[Demit]

5. The government extends his contract for another 27 YEARS?

That's staggering. And staggeringly bad PR. However, as one judge said--

Judge Richard Tallman said the practical impact of the Pentagon's stop-loss policy should concern Congress, not the courts. "That's certainly a risk, that it will have an adverse affect on recruiting," said Tallman. " we're not legislators."

[Dhalgren]

6. "The recruiter never mentioned the fine print..."

The sons of bitches never do. This is obscene; join for eight years, do your service, then get extended involuntarily for another 30 years? Only an idiot would join any of the services at this point. I don't care who is offended by that statement, it is the truth.

[E-Z-B]

7. I would recommend this page

but I'm still a n00b.