It’s called a contract for a reason: you signed it and it is binding.
For the second time in two days, a federal appeals court declined to halt an Oregon National Guardsman from being deployed to Afghanistan on Friday.
Emiliano Santiago, 27, an electronics technician and a helicopter refueler now living in Pasco, Wash., is fighting his deployment because his 8-year service agreement expired last year. His lawyers told the court Santiago is the victim of a “backdoor draft.”
On Wednesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals, sitting in Seattle, declined to halt his looming departure. On Thursday, the court declined to rehear the case with 11 judges.
No U.S. federal appeals court has sided with similarly situated military personnel fighting their deployments.
The courts have generally upheld the so-called “stop loss” law that authorizes President Bush to suspend service agreements of many armed forces personnel for national security reasons. Thousands of soldiers have been redeployed under stop loss orders.
The last paragraph there is rather misleading. The president is not suspending service agreements with the stop-loss program. Rather, he is exercising an option in the contract signed by Santiago, an option that his service commitment may be extended beyond terms specified.
While I have sympathy for Santiago personally, I hold no sympathy for his cause. Put the uniform back on, Emiliano, and report — your country has legally called you.