Judge refuses to release 'stop loss' soldier from Army duty

[JURIST] Citing the potential for substantial disruption and diversion of military resources, US District Judge Royce C. Lambert [court profile] refused Monday to issue a injuntion requiring immediate release from service of a US soldier whose active duty period had been extended under the Army's authority to extend enlistment in times of war or national emergency. Spc. David Qualls and seven other soldiers had claimed that their enlistment contracts were misleading. Judge Lambert wrote in his ruling [PDF text] that the enlistment contract does state that the government may extend terms of service, and the potential for disruption of military operations is great because 7,000 other soldiers are similarly situated and another 40,000 soldiers may have their duty extended under the 'stop loss' policy. Although an injunction has been refused, the substance of the case is still pending.



 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.