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Is there any chance this soldier will win the lawsuit?

Wouldn't that raise havoc with the plans for the military right now?

Soldier Sues U.S. Military Over Extended Service

A California Army National Guard sergeant filed a lawsuit on Tuesday asserting that the government can not prevent reservists from leaving the military when their enlistment periods end.

The suit against Defense Secretary Donald Rumsfeld and other military officials names the plaintiff only as John Doe. It says he served with distinction in the Marine Corps and Army for nine years on active duty and three years as a reservist.

"This lawsuit seeks to stop the forced retention of men and women who have fulfilled their service obligations," said attorney Michael Sorgen.

http://news.findlaw.com/news/s/20040817/securityusareservistsdc.html

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Re: Is there any chance this soldier will win the lawsuit?

In reply to: Is there any chance this soldier will win the lawsuit?

The answer, Rosalie, is: NO!

The need for extending critically needed personnel past their projected separation/retirement dates is written into both Federal law and the enlishment/commissioning contracts of all military personnel of both the active and reserve components. IOW, he knows better...

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(NT) (NT) Well he did manage to get a lawyer to take the case ...

In reply to: Re: Is there any chance this soldier will win the lawsuit?

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If he finds the right California judge, probably.

In reply to: Is there any chance this soldier will win the lawsuit?

They don't seem to care much about the law in California. It would be reversed on appeal.

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If he were to win ... and I have my doubts also ...

In reply to: If he finds the right California judge, probably.

I think this may be more an attempt to bring something to light rather than expecting to win a case.

However, were he to win wouldn't it affect all army personal that are having their service extended?

Seems like something like this would have to be taken up in Supreme Court.

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