by TChris

John Kerry frequently reminds voters that President Bush instituted a "back door draft" by using stop loss orders to force members of the "volunteer" Army to remain in uniform after their terms of service expire. Now a soldier who completed his service and resigned -- and who wasn't subject to a stop loss order -- has been ordered to report to duty. To his credit, he's fighting back.

Jay Ferriola, a 31-year-old Manhattan resident, handed in his resignation in June after eight years of active and reserve duty, according to the suit filed in Manhattan Federal Court. But even though his commanding officer recommended that he be granted a discharge, the military never sent out the paperwork, the suit says, and on Tuesday, Ferriola got orders dated Oct. 8 sending him to war.

Ferriola's attorney, Barry Slotnick, says the Army should uphold the contract it made with Ferriola in 1993. The lawsuit contends that the Army's refusal to honor its agreement subjects Ferriola to involuntary servitude in violation of the Thirteenth Amendment.

Although courts do not equate the draft with slavery, we don't have a draft. Or at least that's what the President says. Ferriola's experience strengthens Kerry's argument that the administration has effectively instituted a draft by refusing to let military service come to an end.