Doe v. Rumsfeld

435 F.3d 980 John DOE, Petitioner-Appellant, v. Donald RUMSFELD, Secretary of Defense; Les Brownlee, Secretary of the United States Department of Army (Acting); Reginald L. Brown, Assistant Secretary of the Army for Manpower and Reserve Affairs; E. Hubred Torrey, Company Commander, and Does 1-10, inclusive, Respondents-Appellees. No. 05-15680. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 21, 2005. Filed January 12, 2006. COPYRIGHT MATERIAL OMITTED Michael S. Sorgen, San Francisco, CA, for the petitioner-appellant. H. Thomas Byron III, United States Department of Justice, Washington, D.C., for the respondents-appellees. Appeal from the United States District Court for the Eastern District of California; Frank C. Damrell, District Judge, Presiding. D.C. No. CV-04-02080-FCD/KJM. Before: WALLACE, TROTT, and RYMER, Circuit Judges. TROTT, Circuit Judge. 1 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. 2 Doe's challenges fall into three general arguments. First,…