Doe

Appellant, Doe, a soldier in both the Army Reserve National Guard of the United States and the California State National Guard, challenges the President’s “stop-loss” authority ordering Doe to active duty for a period longer than his enlistment.

Doe’s challenges fall into three general arguments. First, Doe argues the government did not satisfy the procedures required by 10 U.S.C. § 12305 in extending his service. Second, Doe asserts that § 12305 is unconstitutional. Third, Doe contends the “stop-loss” order extending his enlistment conflicts with other laws regulating members of the reserve military.

The government contends as a threshold issue that we need not address the merits of this challenge because Doe has received new orders, rendering his challenges moot.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . Although we conclude that this case is not moot, we disagree with Doe’s substantive arguments and affirm the district court’s denial of Doe’s petition for writs of habeas corpus and mandamus.

BACKGROUND

On May 1, 2003, Doe, an eight-year veteran of the Army, enlisted for a one-year term in the California State National Guard and the Army Reserve National Guard of…