Legal Question in Military Law in Massachusetts

Private citizen sue military?

I would like to join the military but have encountered a couple problems due to new recruitment regulations just put in place because numbers are up due to the bad economy.

I will be 42 on September 12, 2009. The National Guard just lowered its age from 42 to 35 within the last week.

The Army, as of today, is still at 42.

20 years ago, in 1989, I was arrested for possession Class B. The case was Continued Without a Finding for 18 months, then dismissed.

I went on to earn a B.A. in Political Science and a Juris Doctor.

The military would normally offer a waiver for the possession charge.

But they just changed that rule as well, they won't review any waivers.

They way well change the rule back in the future, but that would be too late for me as I will be 42.

Can I sue in Federal Court against the military and challenge the new regulations?


Asked on 3/24/09, 1:19 pm

1 Answer from Attorneys

Re: Private citizen sue military?

You can always sue, howeverm you are unlikely to succedd in a lawsuit to challange recruiting policies. The federal courts give great deference to the military when it comes to recruiting.

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Answered on 3/24/09, 1:59 pm


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