There's a few facts not in evidence. But, it doesn't look good as it would appear that this is an active reserve officer being mobilized for active duty. It's not entirely clear that she's an obligated reserve officer. My instinct tells me, that as an O-3, the chances are fairly good that she is indeed an obligated reserve officer as many physicians will use the Army to pay for medical school, and of course there's an obligation associated with that. It's a guess, and I certainly could be wrong. If I'm right, then this will be unlike the prior case concerning the Florida National Guard officer, this isn't going away with a revocation of orders.
She's not in any real jeopardy until the exact moment that her orders are directing her to report. Orly's not entirely clear here, but it's either Aug. 30, or Sept. 5, at the latest. At 0800 on one of those days, the Captain turns into the proverbial pumpkin.
There's NO CHANCE that any district judge is going to issue a TRO. It's just not going to happen. Maybe an appellate court would, but I still think it would be highly unlikely. If the Army blinks, and revokes the orders, then I would bet my retirement that the directive to do so came from someplace higher than HQDA - much higher.
Assuming she actually doesn't report, or refuses the deployment even after reporting, my prediction as to what will happen next - not what SHOULD happen, to be clear - is after a brief Article 32 investigation, this young officer will be subjected to trial by general court-martial, for violations of a host of UCMJ offenses probably to include, but not limited to - 86, 87, 92, 133,134 and maybe even 88. In short, we're talking about some real time, and if convicted the Doctor would no longer be able to practice medicine (as a convicted felon) in any state in which I'm familiar. Very high stakes.
She needs to IMMEDIATELY seek out the advice and counsel of a qualified and competent military litigator - of course, one will be provided for her to shepherd her through the Article 32 investigation and beyond, but that JAG won't help - in any way - for the civil action filed in Federal Court.
Which is what happened last time.
They won’t go for court martial - under UCMJ she will have the right to discovery.
Discovery to Obama is like sunlight to a vampire.
But if they keep on revoking orders, the word is going to get out that if you don't want to be deployed, just file a BC demand. I don't see how they can keep revoking without serious consequences.
“My instinct tells me, that as an O-3, the chances are fairly good that she is indeed an obligated reserve officer as many physicians will use the Army to pay for medical school, and of course there’s an obligation associated with that.”
I believe a Captain is an O5.