Ruling on 'stop loss' suit against Army [US DC] News
Ruling on 'stop loss' suit against Army [US DC]

Qualls, et al. v. Rumsfeld, et al., United States District Court for the District of Columbia, Judge Royce C. Lambert, February 7, 2005 [refusing to issue a preliminary injunction directing the immediate release from duty of a "stop loss" soldier whose enlistment had been extended by the Army during times of war or national emergency]. Excerpt:

Qualls has not shown a likelihood of success on the merits. While he has demonstrated irreparable harm, he has not shown that the Army would not also suffer harm. The public interest, given that Qualls has no likelihood of success on the merits, militates against granting an injunction. For these reasons, and additionally because Qualls seeks a mandatory injunction, the court finds that, on balance, the factors weigh against granting a preliminary injunction.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.