January 14, 2006: Lawsuit Against ‘Stop-Loss’ Deployment Dismissed

A federal appeals court refuses to block the forced redeployment of a California National Guardsman under the Army’s so-called “stop-loss” program (see August 2004). The appeals court finds that the right of the plaintiff, known for purposes of the lawsuit as “John Doe,” were not violated. “[T]he ‘stop-loss’ order extending Doe’s enlistment is a valid exercise of presidential power” authorized by a federal law, and that law neither violates the Fifth Amendment’s requirement of due process of law nor is an improper delegation of congressional power,” writes Circuit Judge Stephen Trott in a unanimous three-judge opinion. Trott also finds that the “stop-loss” order does not conflict with other sections of federal law, and even if it did, it would override such laws. The appeals court upholds a similar finding of a lower court from March 2005. Doe’s attorney, Michael Sorgen, had argued that without a Congressional declaration of war, the president’s power to force soldiers to serve indefinitely violates the Constitutional separation of powers. [Oakland Tribune, 1/14/2006]